The crime of assault involves actually striking somebody and causing some physical injury.
The lowest degree of an assault charge, assault in the 3rd degree, is an ‘A misdemeanor’ and it involves striking someone in some way that causes physical injury.
Therefore, you cannot be charged with an assault if there is no actual physical contact.
For more information on criminal defense representation in Suffolk County call the Law Office of Naiburg, Obedin, and Weissman at (631) 979-7777.