Flamestrike
Legend
And, until the Assassin commits to something that will start combat, combat doesn't start.
He has committed to an action. Watch:
DM: Your Assassin sneaks up to the Guard through the shadows. He looks unaware of your presence, gazing intently at a copy of the famous magazine 'Sexy Orc Maidens of Waterdeep'. You're 30' away from him.
Player: I take careful aim with my Crossbow and shoot him in the spine.
DM: Are you SURE you want to shoot him?
Player: Yes!
DM: You bring your bow to bear, and the twang of the bow string echoes out through the dim night. Roll initiative.
Scenario 1) The Guard goes first, he's surprised (cant move or act on his turn). He then stops being surprised and the Assassin makes his attack roll (no critical hit).
Scenario 2) The Assassin goes first, the Guard is surprised (critical hit)