297

(a) Whoever, under circumstances not amounting to an assault in the first or second degree—\n(1) assaults another person with intent to commit a felony;\n(2) assaults another with a deadly weapon;\n(3) assaults another with premeditated design and by use of means calculated to inflict great bodily harm;\n(4) assaults another and inflicts serious bodily injury upon the person assaulted; or whoever under any circumstances;\n(5) [Deleted.]\nshall be fined not less than $500 and not more than $3,000 or imprisoned not more than 5 years or both.\n(b) Whoever, under circumstances not amounting to an assault in the first or second degree assaults a peace officer in the lawful discharge of the duties of his office with a weapon of any kind, if it was known or declared to the defendant that the person assaulted was a peace officer discharging an official duty, shall be fined not less than $2,000 and not more than $10,000, or imprisoned not more than 10 years, or both.