Battery is punishable by a fine not exceeding one thousand dollars ($ 1,000), or by imprisonment in the county jail not to exceed six (6) months, or both unless the victim is pregnant and this fact is known to the batterer, in which case the punishment is by a fine not exceeding one thousand dollars ($ 1,000), or by imprisonment in the county jail not to exceed one (1) year, or both.

An assault is:

• An unlawful attempt, coupled with apparent ability, to commit a violent injury on the person of another; or
• An intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

An aggravated assault is an assault:

(a) With a deadly weapon or instrument without intent to kill; or

(b) By any means or force likely to produce great bodily harm; or

(c) With any vitriol, corrosive acid, or a caustic chemical of any kind.

(d) “Deadly weapon or instrument” as used in this chapter is defined to include any firearm, though unloaded or so defective that it cannot be fired.