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IANAL, but there are a couple things I've heard from lawyers, etc., in this regard.
1. If the assailant is a trained boxer he could be charged with Assault With A Deadly Weapon, on the basis of their training.
2. If the victim has some physical condition which could make even a simple punch deadly to the victim. I heard of one guy who has a totally inoperable benign tumor in his abdomen. It is inoperable because the surgery would induce so much blood loss he would die on the table. If he takes even one punch to the abdomen it could kill him. In such a case, as I have been told, it doesn't matter if the assailant knew of such a possibility or even intended deadly force.
Thanx,
TraCoun