That is a new one. Wouldn't you actually have to be shot for it to be assault, otherwise isn't it just brandishing or threatening? If I point a gun at someone I have not assaulted them, if I fire it becomes assault with a deadly weapon. So how was the victim assaulted? I understand there was law breaking involved in the false 911 call, but you could claim the kid had no control over what SWAT would do. I'm not trying to defend the guy, but how do they figure an assault charge?
Assault is the implied threat. Battery is actualy doing the act.
Raising your fist like you are going to hit me would be an assault. Hitting me would be a battery. It is the same for weapons. Pointing a firearm at someone is assault with a deadly weapon in CA, a felony. Even if you do not fire the firearm, rob them, or do any other crime.
Learning this online rather than in court is probably a smart lesson for you
Detering a crime or keeping yourself from becoming a victim by pulling a gun is actualy a felony if a crime has not been commited. For example if someone is following you in an alley, speeding up when you speed up, finaly catches up, obviously following or pursuing you, and you pull a gun you just committed a felony. The same goes for the woman walking to her home and some guy comes up while she is opening the door, and she pulls a gun, an action I have even seen displayed online as proper use of force. Or perhaps 4 obvious gang members come up to you and surround you in a circle, yet have not yet voiced any threats or pulled any weapons. Technicaly they have broken no laws, and maybe they are just asking for directions.
Pulling a gun out would be a felony act.
Until a criminal act is commited then pulling a firearm on someone is a felony.
It does not matter that one may be unable to do that if they actualy wait to be victimized. It is the law. Some places call it aggravated assault, also a felony.
Brandishing is pulling the arm out just to look at it, play with it, show it to a friend etc in public.
Once it is used to imply even an unvoiced threat it is assault with a deadly weapon. For example if you got in an argument with someone, and then placed your hand on the gun on your hip without ever taking it out, that would be using that firearm to intimidate the person you are upset with, an unvoiced threat to use it. That would also be assault with a deadly weapon, a felony, even if it was legal to have it and you never pulled it out.
The same goes for a bat, a crowbar, or any other non firearm weapon.
That is why you shut up and wait for your lawyer. You may think you are telling the cops something perfectly legal you did to keep from being a victim and actualy confessing to a felony crime even though you had no criminal intent.
Now all that said I do think it is ridiculous they can charge him for specific actions done by other people at another location even if he caused them to go there. That is total BS. He is guilty of crimes, assaulting someone with weapons that neither him nor an accomplice ever had possession of is not one of them. For the end result of the situation, he is responsible, not for the individual actions though.