At The Sims Law Firm, we recognize the confusion and stress that often accompany assault charges. With over 20 years of legal experience, Attorney Trae Sims has a proven track record in defending individuals accused of violent crimes. His unique perspective as a former prosecutor allows him to identify key weaknesses in the prosecution’s case, providing clients with a significant advantage. Assault charges in Mississippi carry a wide range of consequences, and understanding the differences between simple and aggravated assault is essential for protecting your rights and future.
What Constitutes Simple Assault in Mississippi?
Simple assault, as outlined under Mississippi Code § 97-3-7, is a less severe offense compared to aggravated assault. It includes situations where an individual:
- Attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another person.
- Negligently causes bodily injury using a deadly weapon or other means likely to cause death or serious bodily harm.
- Uses physical menace to instill fear of imminent serious bodily harm in another person.
Acts that Could Be Simple Assault:
- Swinging a fist in anger, whether or not it connects.
- Pushing someone during an argument.
- Making verbal threats to harm another while in their physical presence.
While simple assault is generally classified as a misdemeanor, certain circumstances—such as targeting vulnerable individuals or public officials—can result in enhanced penalties.
Penalties for Simple Assault:
- A fine of up to $500.
- Up to six months in the county jail.
- A combination of both penalties.
- Special state assessment of $1000.
Simple assault convictions often extend beyond immediate penalties, affecting employment prospects and personal relationships. Attorney Trae Sims’ approach to defending against violent crimes focuses on minimizing these long-term impacts, offering clients a strategic and robust defense tailored to their specific situations.
Defining Aggravated Assault in Mississippi
Aggravated assault involves a higher level of intent or severity, often including the use of weapons or actions causing serious bodily harm. According to Mississippi Code § 97-3-7, it includes acts where an individual:
- Attempts to cause or purposely causes serious bodily injury under circumstances demonstrating extreme indifference to human life.
- Injures another person with a deadly weapon.
- Harms a child boarding or exiting a school bus.
Examples of Aggravated Assault:
- Stabbing someone.
- Beating an individual to the point of severe injury.
- Shooting a gun at someone regardless of the bullet striking them.
Aggravated assault is almost always classified as a felony due to the potential for severe injuries or death.
Penalties for Aggravated Assault:
- Up to one year in county jail.
- Up to 20 years in the custody of the Department of Corrections.
- Special state assessment of $1000.
The legal system takes aggravated assault very seriously, and convictions often carry long-term consequences, such as loss of civil rights and difficulties finding employment.
Key Differences Between Simple and Aggravated Assault
The nuances of these charges are part of the broader legal framework governing violent crimes in Mississippi, which is explored in detail in our guide on assault and violent crime laws. Understanding the distinctions between simple and aggravated assault charges is critical for building a strong defense, as each carries unique legal implications and potential consequences. The severity of these charges can significantly impact a defendant’s future, making it vital to grasp their differences and seek experienced legal counsel.
1. Severity of the Act
Simple assault involves minor altercations or threats, while aggravated assault typically involves significant harm or the use of weapons.
2. Intent
Simple assault can occur through negligence or recklessness, whereas aggravated assault often demonstrates deliberate intent to cause serious harm.
3. Weapons
The use of a deadly weapon significantly distinguishes aggravated assault from simple assault, as noted in the National Incident-Based Reporting System guidelines.
4. Penalties
Simple assault is a misdemeanor, while aggravated assault is a felony with harsher sentencing guidelines.
5. Impact on Victims
The physical and emotional toll on victims is far greater in cases of aggravated assault, often involving life-altering injuries.
Defend Your Future with the Right Legal Support
Facing assault charges in Mississippi can feel overwhelming, but understanding your options is the first step toward a strong defense. Whether charged with simple or aggravated assault, it’s essential to act quickly and seek skilled legal counsel. The Sims Law Firm is committed to safeguarding your rights and future, providing unmatched expertise in criminal defense.
Attorney Trae Sims applies personalized legal strategies, drawing from his extensive experience as a former prosecutor to address the unique circumstances of each case. His deep understanding of the legal system allows him to identify critical opportunities to strengthen defenses and secure favorable outcomes for his clients. This dedication to protecting clients’ rights and achieving justice is illustrated in many successful cases.
If you’re dealing with assault charges, contact The Sims Law Firm today for a consultation. Let us help you navigate the complexities of Mississippi’s legal system and secure the best possible outcome for your case. For a free consultation, call The Sims Law Firm at (601) 207-3732 or schedule an appointment.
List of Sources
- Mississippi Code § 97-3-7: Comprehensive legal definitions and penalties for simple and aggravated assault in Mississippi.
- National Incident-Based Reporting System (NIBRS) Guidelines: Detailed criteria for classifying assault offenses, including weapon involvement and injury severity.
Frequently Asked Questions (FAQ)
What is the major difference between a simple assault and an aggravated assault?
The major difference lies in the severity of the act, the intent, and the resulting harm. Aggravated assault involves more serious actions, often with weapons or resulting in severe injuries, while simple assault typically involves less severe actions and minor injuries, if any.
What is considered simple assault in Mississippi?
Simple assault in Mississippi includes attempting to cause or causing bodily injury to another, negligently causing injury with a deadly weapon, or attempting to put another in fear of imminent serious bodily harm through physical menace.
What is considered aggravated assault in Mississippi?
Aggravated assault in Mississippi includes attempting to cause or causing serious bodily injury, causing bodily injury with a deadly weapon, or injuring a child boarding or exiting a school bus.
What is the jail time for aggravated assault in Mississippi?
Aggravated assault in Mississippi can result in up to one year in county jail or up to twenty years in state prison.
What is the lowest charge of assault?
The lowest charge of assault in Mississippi is simple assault, which is generally classified as a misdemeanor.
How much is an assault charge in Mississippi?
For simple assault, the fine can be up to $500. Aggravated assault doesn’t have a specified fine in the statute, but can result in significant prison time.
Is simple assault a criminal charge?
Yes, simple assault is a criminal charge in Mississippi, typically classified as a misdemeanor.
