(A) Any person who shall commit a simple assault or assault and battery shall be guilty of a class 1 misdemeanor; and if the person intentionally selects the person against whom a simple assault is committed because of his or her race, religious conviction, color, or national origin, the penalty upon conviction shall include a mandatory, minimum term of confinement of at least six months, 30 days of which shall not be suspended, in whole or in part.
(B) As used in this section, the term MANDATORY, MINIMUM means that the sentence it describes shall be served with no suspension of sentence in whole or in part, and that no probation shall be given by the court.
(1998 Code, § 38-1)