§ 62-78. Assault.

(a)

Assault defined. The term "assault" is an attempt to commit a battery, or the intentional placing of another in reasonable apprehension of receiving a battery.

(b)

Aggravated assault.

(1)

Defined. The term "aggravated assault" is an assault committed with a dangerous weapon.

(2)

Prohibited.

a.

Whoever commits aggravated assault shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both.

b.

If the offense is committed upon a store's or merchant's employee while the offender is engaged in the perpetration or attempted perpetration of theft of goods, the offender shall be fined not more than $1,000.00 or imprisoned for not less than 120 days without benefit of suspension of sentence nor more than six months, or both.

(c)

Simple assault.

(1)

Defined. The term "simple assault" is an assault committed without a dangerous weapon.

(2)

Prohibited. Whoever commits simple assault shall be fined not more than $200.00 or imprisoned for not more than 90 days, or both.

(City Code 1965, § 10-78; Ord. No. O-035-2006, §§ 2, 3, 3-7-06)