Assault in the first degree.
A person who, with the intent to kill, attacks another with a deadly weapon or causes to administer poison is guilty of first degree assault. The penalty is imprisonment for no more than ten years.
Assault in the second degree.
A person who, with intent to injure, administers poison or drug or chloroform, ether, or laudanum; wilfully attacks another by the use of a weapon likely to produce grievous bodily harm; attacks another to prevent or resist any lawful process of any court of officer, is guilty of second degree assault.
Assault in the third degree.
The punishment is imprisonment for no more than one year or a fine no greater than five hundred dollars, or both.
The use of force does not constitute an assault when it is committed by a public officer in the performance of a legal duty; when committed while arresting another who has committed a felony; when committed in prevention of an offense or a trespass or unlawful interference with real or personal property; when committed by a parent in the restraint of his child and the force is reasonable in manner; when committed by a carrier in expelling a passenger who refuses to obey a lawful and reasonable regulation; when committed in preventing a person of unsound mind from committing an act dangerous to himself or another.
