Assault & Battery

Mississippi Code Annotated § 97-3-7 deals with the crimes of simple and aggravated 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.

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.

Aggravated Assault: A person can be guilty of aggravated assault if that person attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life. A person can also be guilty of aggravated assault if that person attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm.

The possible penalties for aggravated assault are a imprisonment in the county jail for up to one (1) year or in the state penitentiary for not more than twenty (20) years.

If you have been charged with simple or aggravated assault, there may be defenses available to you. It is important that you have a qualified lawyer representing you and looking out for your rights. Please contact us to discuss your case.