§707-712  Assault in the third degree.  (1)  A person commits the offense of assault in the third degree if the person:

     (a)  Intentionally, knowingly, or recklessly causes bodily injury to another person; or

     (b)  Negligently causes bodily injury to another person with a dangerous instrument.

     (2)  Assault in the third degree is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor.