There are a broad range of assault crimes in Mississippi. The penalties for a conviction include the possibility of significant jail time, heavy fines, court costs, and other consequences. Convictions mean a loss of freedom. Having a criminal conviction on your record can make it hard to get a job. The length of the sentence and the amount of the fines vary depending on whether the offense is a misdemeanor or a felony.
There are defenses. The prosecution must prove its case beyond a reasonable doubt. Defendants have the right to assert their federal and state constitutional rights. Credibility is often an issue.
Defining assault
Mississippi defines various types of assault against the person charges as follows:
- Assault. The key elements of this offense are that the person charged must:
- “Attempt to cause or purposely, knowingly or recklessly causes bodily injury to another
- Negligently cause bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm or
- Attempts by physical menace to put another in fear of imminent serious bodily harm”
- Aggravated assault. Here, the prosecution must show essentially that the defendant committed an assault “under circumstances manifesting extreme indifference to the value of human life” or purposely and knowingly used a deadly weapon. It also includes injuring children who are attempting to board or exit a school bus.
- Simple domestic violence. This offense is essentially assault against a current or former spouse or people involved in other types of defined relationships.
Aggravated domestic violence involves an aggravated assault against someone who meets the same definitions as those for the simple domestic violence charge. There are some differences between the aggravated requirements of the assault charge and the domestic violence charge. For example, strangling or trying to strangle a spouse, is considered aggravated domestic violence.
Additional factor assault charges
The Mississippi crimes statutes also provides:
- Additional sentencing and penalty requirements for third, fourth or subsequent domestic violence charges
- That whether the offense was committed in front of a child under six is an aggravating sentencing factor
- Anyone convicted of domestic violence may be required to attend counseling or treatment for domestic violence if their sentence is suspended
At Taylor Jones Taylor our Southaven criminal defense lawyer fight aggressively to have the charges dismissed. We also work to negotiate fair plea agreements. We provide strong representation for clients in the Southaven, Olive Branch, and Hernando areas. To make an appointment, call 662-342-1300 or fill out our contact form to learn more.
Benjamin L. Taylor is a lifelong resident of DeSoto County and has distinguished himself in the area of products liability and personal injury law. He has a reputation as a fierce advocate for his clients and has obtained millions of dollars in verdicts and settlements over his career. He has been listed in the publication Super Lawyers of the Mid-South in the area of product liability. To learn more about Mr. Taylor, please refer to his biography page.
