Legal Question in Civil Litigation in California

It's unlikely. Words alone are insufficient to constitute assault. However, if you make this statement to someone while doing something that indicates that you have the ability to carry out the threat, like moving toward him or her menacingly carrying a blunt instrument over your head, thereby reasonably creating fear in that person that he or she will be imminently hurt, you would likely be liable for any damages that result.

Ari

Vinny Gambini: I understand you played a game of pool with Lisa for $200, which she won. I'm here to collect.

J.T.: How 'bout if I just kick your ass?

Vinny Gambini: Oh, a counter-offer. That's what we lawyers - I'm a lawyer - we lawyers call that a counter-offer. This is a tough decision here. Get my ass kicked or collect $200. Let me think... I could use a good ass-kickin', I'll be very honest with you... nah, I think I'll just go with the two hundred.

J.T.: Over my dead body.

Vinny Gambini: You like to renegotiate as you go along, don't you? Well here's my counter-offer... do I have to kill you? What if I were just to kick the ever loving shit out of you?

J.T.: In your dreams.

Vinny Gambini: Oh no no... in reality. If I was to kick the shit out of you, do I get the money?

J.T.: You kick the shit, out of me.

Vinny Gambini: Yeah.

J.T.: Yeah. you get the money.

Vinny Gambini: So, here are my options. Option A: I get my ass kicked or Option B: I kick

your ass and collect the $200. I think I'm gonna go with Option B: Kickin' your ass and collecting $200.

(from My Cousin Vinny, screenplay by Dale Launer.)

Unfortunately if Vinny Gambini were practicing law in California the law might well give him a good swift kicking, because somewhere there is some crazed prosecutor that would bring a charge of making a terrorist threat (PC � 422, a felony). I especially would not talk about ass-kicking to your wife or girlfriend.