76-5-103. Aggravated assault
(1) Aggravated assault is an actor's conduct:
(a) that is:
(i) an attempt, with unlawful force or violence, to do bodily injury to another;
(ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
(iii) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and
(b) that includes the use of:
(i) a dangerous weapon as defined in Section 76-1-601; or
(ii) other means or force likely to produce death or serious bodily injury.
(2)(a) A violation of Subsection (1) is a third degree felony, except under Subsection (2)(b).
(b) A violation of Subsection (1) that results in serious bodily injury is a second degree felony.