Mississippi Code Annotated § 97-3-7 deals with domestic violence and simple assault.

Simple Assault: A person can be guilty of simple assault if that person attempts to cause bodily injury to another or purposely, knowingly or recklessly causes bodily injury to another. A person can also be guilty of simple assault if the person negligently causes bodily injury to another with a deadly weapon. Finally, a person can be guilty of simple assault if that person, by physical menace, places another in fear of imminent serious bodily harm.

Actual injury of another is not required in order to be found guilty of simple assault. However, if there is actual injury, in order for the assault to be classified as a simple assault, the injury must not be a serious one.

Domestic violence is a simple assault committed against a current or former spouse or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, other persons related by blood or affinity who reside with or formerly resided with the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child.

If domestic violence takes place in the presence of a child under sixteen (16) years of age, it is considered an aggravating factor, which could lead to harsher sentencing.

The possible penalties for simple assault are a fine of up to five hundred dollars ($500) or imprisonment in the county jail for up to six (6) months, or both.

A third or subsequent conviction for domestic violence is a felony conviction which may be punished by imprisonment of five (5) to ten (10) years.

If you have been charged with domestic violence, you may have defenses available to you. It is important that you have a qualified lawyer representing you and looking out for your rights. Please contact us and set up an appointment to discuss your case.