Assault
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- Abstract
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Assault
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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.
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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.
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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.
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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.