I guess you could say:
They have deviated septims!
(I'll get my coat).
(groans)

I never noticed the assault count from jumping dozing draugr, I'll have to check that out. Normally I hit them where they lie with a frenzy (or double-frenzy in the case of death lords) and watch the mayhem ensue. For encounters on the road, I always wait for the first blow (or swing, I don't think they have to hit you) before retaliating. At that point any follower will jump into the fray. This is very important for non-bandit or non-crazed-caster types.
For example, I always accost the trailing Thalmor when I find a group of three goose-stepping down the road. By the time you get the uppity elf to say, "and so you shall die a heretic's death!" the others will be out of range. I back off and let him/her take a swing, then I'm free to help induce a dirt nap.

So far as I know, you can kill bandits, thieves and crazy-casters on sight without incurring an assault charge. Be wary of the rare Orc Hunters, though. They talk like bandits, warning you off. If you attack first, it's assault. If you kill them it's murder.

Oh, I've run from the tough-guys who call me a milk-drinker, and thieves, too, and they've given up saying I wasn't worth it.
