Based off the circumstances detailed on the case, there wasn’t enough evidence to prove that Mary committed Battery against Michael due to the fact that Battery is defined as unlawful touching/striking of another which did not occur. Therefore, in my opinion, Mary committed Aggravated Assault by intentionally and unlawfully threatening Michael by the act of Mary picking up the heavy pendulum weight to do violence against him. At the time, Mary appeared to have the ability to carry out the threat. The act of Mary, created in the mind of Michael, a well-founded fear that violence was about to take place. The assault was made with a deadly weapon (heavy pendulum weight) and with a fully formed conscious intent to commit aggravated battery upon Michael. The above-mentioned elements are those that are required to establish probable cause for the charge of Aggravated Assault.

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