Assault includes the attempt to harm someone. If I take a swing at you even if I miss I could be prosecuted for assault.
the statement said assault with a deadly weapon- if you take a swing it’s not assault with a deadly weapon- it would —seem— that she would have had to swing “At Him” with the ax in order to be considered AWDW- but the article blurb posted here doesn’t indicate she swung it at him- just that she ‘pushed him in a tub’
It’s a technicality- not sure what hte actual law is- If a person is holdign a knife, and someoen sneaks up behind and attacks, and hte person with hte knife turns around and punches the person- is that still considered ‘assault with deadly weapon? They didn’t use the knife to assault the person with-
thanks- looked it up- you’re right- it would be assault with DW-
She should also be charged for ‘assault with fugly weapon’ for kissing him