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Assault

Assault in Mississippi

Depending on the circumstances of your individual arrest, a simple assault charge can quickly become upgraded to an aggravated assault charge. Whether you accidentally hurt somebody while doing something reckless or intentionally injured another person, you need to speak with a criminal defense lawyer as soon as possible after your arrest.

Simple Assault

Simple assaults in Mississippi typically involve relatively minor incidents and injuries. Simple assaults might happen as a result of negligence or recklessness, even if the accused didn’t intend to hurt anybody. Cuts, scrapes and bruises are what you would expect from a simple assault. If more serious injuries are inflicted, like broken bones, you could be facing an aggravated assault charge. 

Criteria for Assault Under Mississippi Law

  • Did you attempt to physically injure another person? 
  • Did you intentionally or recklessly cause physical harm to somebody? 
  • Did you negligently cause bodily injury to someone with a deadly weapon, or 
  • Did you threaten somebody, causing that person to feel afraid that he or she is about to suffer serious physical injury? 

Aggravated Assault in Mississippi 

Aggravated assault is a felony in Mississippi. This is the charge used when somebody has suffered from fairly extensive injuries. In some cases, a simple assault can be upgraded to an aggravated assault depending upon the type of victim involved. Injuring a certain type of victim, no matter how minor, can mean prison time and hefty fines. There are also a variety of special circumstances for aggravated assault charges. For example, if you fail to stop for a school bus and injure a child, you could be facing felony aggravated assault charges in Mississippi.

Criteria for Aggravated Assault in Mississippi 

  • Did you attempt to cause serious bodily injury to someone? 
  • Did you intentionally or recklessly cause serious bodily injury to another person while acting with extreme indifference to human life? 
  • Did you attempt or cause bodily injury to somebody with a deadly weapon or by other means likely to cause serious bodily injury or death? 
  • Did you fail to stop for a school bus and injure a child who was in the process of getting on or off a school bus? 

Different Types of Victims 

Certain types of victims in Mississippi can raise your simple assault charge from a misdemeanor to a felony. If your simple assault is upgraded to a felony due to the type of victim involved, you could be facing up to five years in prison and a $1,000 fine. A few examples of these “special” victims are listed below.

Special Victims in Mississippi 

  • Emergency services provider 
  • Law enforcement, corrections or fire department officials 
  • Public school teachers and administrators 
  • Judges and other court employees 
  • Legislators and certain elected officials 
  • Anybody over the age of 64 and an incapacitated or disabled adult 
  • Social workers and family protection workers 
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