Idaho Code IC-18-901 Assault defined:
An unlawful attempt of or threat to, committ violence, coupled with the ability to do so.
Punishment: Fine not to exceed $1000, Jail not to exceed 1 year in the county jail.
Assault is the verbal threat or, pointing the gun or brandishing or................. Battery is the actual act of violence.
I would be willing to bet money that the statute is very similar in most states, as it is based in/on English Common Law.
So the act of confromting a person that is engaged in an act that is NOT illegal and offering or threatening violence, of any kind, is an assault. As soon as you snatch the hat from his head, or thump him in the chest or..... you have committed a battery.
Simple Battery: Fine not to exceed $5000, Jail not to exceed 1 year in county jail nor to exceed 4 years in the state penitentuary.
We all get angry at rude behavior. The fact that I have a hard time tolerating rudeness is one of the reasons I opt to live in a remote area and I seldom if ever attend things like concerts, football games, rodeos etc. The primary reason is I KNOW there going to be people there with whom I strongly disagree and who's behavior I find offensive and that I have no right to do anything about. People really have the right to not stand or salute or anything else. They also get to scream and yell and stand on their chairs in front of me at concerts and ball games. Knowing that I am highly unlikely to change their behavior and that I have no right to try to do so, I simply opt to avoid those situations when I can.
Ross W Thomas
By the way this isn't PC or new, it hasn't changed in my 30 years as a LEO.