Domestic Violence / Simple Assault

DeSoto County, MS Criminal Defense Attorney

Domestic violence charges are serious in Mississippi and Tennessee, with extreme ramifications if you’re found guilty. If you’ve been charged with domestic violence, you’re likely scared, confused, and feel that no one is on your side.

That’s where Stroud, Flechas & Dalton comes in. Our experienced criminal defense attorneys will stand by you through the entire process, defending your rights as a citizen in an effort to secure the best possible outcome. Located in Southaven, Mississippi, since 2003, our team is skilled in criminal defense and will walk you through the entire process so that you can move on with your life.

Below are notes from Mississippi law, demonstrating the harsh reality of being found guilty of domestic violence.

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 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 $500 or imprisonment in the county jail for up to six months, or both.

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

If you have been charged with domestic violence in Southaven, Olive Branch, Horn Lake, Hernando, Tunica, DeSoto County, or any of the Northern Mississippi surrounding areas, you may have defenses available to you. It is important that you have an experienced attorney that understands your situation on your side. Please contact the criminal defense attorneys at Stroud, Flechas & Dalton today to discuss your case.