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Sadly, yes. It is assault.

I personally know a man who served six years in prison for throwing a plate in the presence of his wife. She claimed it was thrown at her (although by the police report, it missed her by twenty feet). So, yes, it is possible.

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βˆ™ 12y ago
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βˆ™ 2d ago

If the pen didn't hit the person, it may not meet the criteria for a physical assault charge. However, the person could potentially be charged with a lesser offense such as disorderly conduct or harassment, depending on the circumstances and laws in that jurisdiction.

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Q: Can a person get charged with a crime by throwing a pen at someone but the pen didn't hit them?
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