"Sure, there's a chance that this will happen if the jury is composed mostly of people who view the subject the same way as Midnightcrawler, however it's technically legal."
This is part of the main point though isn't it?
From the viewpoint of someone who has appeared in court more than most, I would have to say that the majority of people do not understand the law and would interpret an assault as starting at the point where physical contact is made. Wrongly, as hopefully we all know by now, but still the way the majority think.
In all of this debate we have heard about the various giveaways that say an assault is about to happen. You go a jury with the bulging eyes, dipping shoulder and monosyllabic speech argument and you may as well tell them you read it in your horoscope.