45-5-202. Aggravated assault -- felony assault. (1) A person commits the offense of aggravated assault if the person purposely or knowingly causes serious bodily injury to another.
     (2) A person commits the offense of felony assault if the person purposely or knowingly causes:
     (a) bodily injury to another with a weapon; or
     (b) reasonable apprehension of serious bodily injury in another by use of a weapon.
     (3) (a) A person convicted of aggravated assault shall be imprisoned in the state prison for a term of not less than 2 years or more than 20 years and may be fined not more than $50,000, except as provided in 46-18-219 and 46-18-222. Subject to the provisions of subsection (3)(b), a person convicted of felony assault shall be imprisoned in the state prison for a term not to exceed 10 years or be fined not more than $50,000, or both.
     (b) In addition to any sentence imposed under subsection (3)(a), if the person convicted of felony assault is a partner or family member of the victim, as defined in 45-5-206, the person is required to pay for and complete a counseling assessment as required in 45-5-206(4).

     History: En. 94-5-202 by Sec. 1, Ch. 513, L. 1973; amd. Sec. 6, Ch. 584, L. 1977; R.C.M. 1947, 94-5-202; amd. Sec. 7, Ch. 198, L. 1981; amd. Sec. 1, Ch. 289, L. 1981; amd. Sec. 1, Ch. 163, L. 1985; amd. Sec. 4, Ch. 482, L. 1995; amd. Sec. 1, Ch. 245, L. 1997; amd. Sec. 2, Ch. 433, L. 1997.