Aggravated assault is usually a felony punishable by a term in state prison.
The assaulter must be reasonably capable of carrying through the attack. Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress. They are both also intentional civil wrongs for which the party attacked may file a suit for damages. Negligent or careless unintentional contact is not battery no matter how great the harm. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage.