The kick is assault.
Battery, but that's a fairly minor distinction. I will admit that the kick really pissed me off.
But, the kick came as she was getting back up from being justifiably shoved away after having lunged over the table and striking him unjustifiably. He could argue he believed she was getting up to continue striking him, and that the kick was only to keep her from further attacking him while he retreated. If he shuts up and lets his lawyer explain that, it probably won't be considered unjustifiable. It would probably be considered reasonable doubt. The kick will be hardest to explain, but it is certainly possible.
