Simple assault is an attempt to do a serious bodily harm to another person, or actually committing an act to put another in fear of serious bodily injury. The definition of the term varies from state to state. Simple assault is usually classified as a misdemeanor.  The uslegal.com definition. Seems more than just an 'attempt'. There's always the civil lawsuit option against a loser with no money, but here in California you can renew judgements for up to 30 years.