Let's do a quick Lexplanation on the topic. /1
The second element of "Assault" is (2) Such apprehension (fear or knowledge) of such offensive or harmful contact results from the intended action.
Note, it isn't ACTUAL FEAR, but rather just "awareness" in most jurisdictions. /6
I want to make you afraid I'll flick your ear. So I come towards you making flicking motions screaming "I'M GONNA FLICKA DEM LOBES!" You see me. You consider earflicking to be harmful or offensive. You are now aware of an imminent flicking. /7
1) Intending to cause harmful or offensive contact with the person of another; AND
2) Such contact results.
I have not assaulted you, as you were not aware of the danger of such contact, but I have battered you as the contact did occur. /12
Under the Restatement, and Tort law.
Many people enjoy IIED, "Intentional Infliction of Emotional Distress," for a little offensive-but-not-physically-injurious assaults and batteries. /14
This is like "mental anguish" and "pain and suffering" and in certain circumstances could have a basis in law.
That outrageous and geared to causing you distress given your circumstances from a reasonable person view.
But note, actually throwing the milkshake on someone is NOT NECESSARILY assault, but IS LIKELY a battery. Maybe an actionable one. But not for a lot of money in my non-official opinion. /19
YES THERE IS!
Again, consult with an attorney. YJMV. Not a legal opinion. Etc Etc Etc. /21
1. serious bodily injury
2. Deadly weapons for regular bodily injury
3.injuring someone under 6 in the scope of employment
4. causing serious bodily injury to someone under 13 in the scope of employment. /24
A milkshake is definitively not a deadly weapon.
. . . /27
Not merely contact, but CONTACT THAT CAUSES PHYSICAL INJURY AND/OR SUBSTANTIAL PAIN. /32
In examining"bodily injury" for aggravated assault in a case where a person kicked a policy officer, one of those officials (like legislature members) we talked about earlier the Court revisited those cases. /35
If there is no actual physical impairment or pain, or intent to cause such in the act, assault charges will likely not lie. Note, the court did say "Hey, this could be SIMPLE assault instead of AGGRAVATED", but remember that simple still /36
Is throwing a milkshake on someone assault?
Civilly, maybe but only if they see it coming, otherwise it's a battery with little potential damages, if any.
Criminally, probably not because it won't cause physical impairment or pain. /41
And, of course, you could be charged with something else, /42
But those aren't assault.
And we're talking about assault.
It likely won't end well for you, no matter what a badger on the internet says.
IMPARTING KNOWLEDGE OF THE LAW IS NEVER IRRELEVANT!