You be the judge.

*Definition of Battery: Section 13 of Restatement of torts it is not enough that the act itself is intentionally done and this, even though the actor realizes or should realize that it contains a very grave risk of bringing about contact. Such realization may make the actors conduct negligent or even reckless but unless he understands to a substantial certainty the contact will result, the actor has not had the intention which is necessary to make him liable under the rule stated in this section.

Assault is defined as “an intentional threat or attempt, coupled with apparent ability, to do bodily harm to another, resulting in immediate apprehension of bodily harm. No bodily contact is necessary.”