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And again.
This was not an assault. ...
240. An assault is an unlawful attempt, coupled with a present
ability, to commit a violent injury on the person of another.
CA Codes (pen:240-248)
There was no unlawful attempt to commit a violent injury.
OK, so, assuming you're correct and the injuries were inadvertent, then perhaps technically "assault" is not the proper charge. Criminal threat may be more accurate.
California Penal Code 422 PC defines the crime of "criminal threats" (formerly known as terrorist threats).
A "criminal threat" is when you threaten to kill or physically harm someone and
that person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family,
the threat is specific and unequivocal and
you communicate the threat verbally, in writing, or via an electronically transmitted device.1
Criminal threats can be charged whether or not you have the ability to carry out the threat...and even if you don't actually intend to execute the threat.