"Assault does have something to do with what is thrown, Assault requires a threat of violence and the apperant ability to carry it out... I dont think Throwing a marshmellow is a threat of violence."
No. Learn the difference between assault and battery. The act of yelling at someone, beating on their car and throwing anything, can induce the fear of bodily harm. That is assault. Battery is the actual physical contact. THAT is where it would be quite silly to say "Jarod hit me with a marshmellow and it hurt"
You dont know what assault is. Yelling at someone is NOT assault, (freedom of speach prohibits that from being a crime) Telling someone that you are going to stab them while lunging at them with a knife IS assault. Mere words cannot be assault, but words with a physical act that can be perceved as a threat might be assault. Beating on someones car, in florida, is achually battery because hitting something that someone is inside constitutes a physical touching and thus can be considered battery. Now, I dont belive that the combanation of throwing marshmellows while yelling at someone can constitute assault because I dont think there can be a perceved threat at having a marshmellow thrown at them.