The action that can escalate a simple assault charge is the use of a deadly weapon. In legal terms, simple assault generally involves an attempt to cause or intentionally causing bodily injury to another person, or the creation of a reasonable apprehension of such harm. However, when a deadly weapon is involved, the situation transforms the nature of the assault from simple to aggravated assault, which carries more severe legal consequences.
Using a deadly weapon indicates a higher level of threat and potential harm, as it suggests an intent to cause serious injury or even death. This escalation reflects the seriousness of the threat posed by the individual and the potential harm that could result from such an action, thus leading to an upgraded charge in legal terms.
Other actions, such as threatening a witness or employing verbal confrontations, do not inherently escalate simple assault to a more severe charge, as they do not involve direct physical harm or risk to safety in the same way that using a deadly weapon does. A physical confrontation without weapons may still be classified as simple assault, as it does not involve the element that would lead to a more serious classification.