Question I need answered. Assault by a deadly weapon - lightning?

Case Scenario. Mr. Smith and Ms. Jones have lived together for 10
years. The relationship has been volatile. They live on a bluff overlooking
the Atlantic Ocean. On a night of a severe electrical storm Mr. Smith ties
Ms. Johes to the lightning rod attached to the home telling her "I'll fix
you, you're gonna fry." Lightning did not strike the rod. Mr. Smith is being charged with attempted murder, battery, false imprisonment and assault with a dangerous weapon, the weapon is lightning.

My questions is - Is there a sufficient basis to support the assault by means of a dangerous weapons charge?

Is assault defined as just the "threat of harm"
Or do you have to be touched by the dangerous weapon in order to be assaulted. I have read it defined in both terms. Confused!!

Originally Posted by JV10370 Case Scenario. Mr. Smith and Ms. Jones have lived together for 10 years. The relationship has been volatile. They live on a bluff overlooking the Atlantic Ocean. On a night of a severe electrical storm Mr. Smith ties Ms. Johes to the lightning rod attached to the home telling her "I'll fix you, you're gonna fry." Lightning did not strike the rod. Mr. Smith is being charged with attempted murder, battery, false imprisonment and assault with a dangerous weapon, the weapon is lightning. My questions is - Is there a sufficient basis to support the assault by means of a dangerous weapons charge? Is assault defined as just the "threat of harm" Or do you have to be touched by the dangerous weapon in order to be assaulted. I have read it defined in both terms. Confused!!

Seems to me that the deadly weapon would be the lightening rod.