Simple Assault/Domestic Violence in DeSoto
Perhaps you have been charged with simple assault/domestic violence in DeSoto County, MS. If so, you may be very worried about your future. very worried about your future. It is important to know that when you have an experienced DeSoto County criminal defense attorney by your side, charges of simple assault or domestic violence do not automatically mean you will be convicted.
Perhaps you were defending yourself and were not the instigator of the assault, or perhaps you have been wrongly charged due to the word of another person who is not telling the truth. Or, maybe you actually did commit simple assault or an act of domestic violence, but there are mitigating factors. Whatever your story, the attorneys at Stroud, Flechas & Dalton can help alleviate your worries about the future by using their experience and knowledge on your behalf.
What Constitutes Simple Assault or Domestic Violence?
A person in the state of Mississippi is guilty of simple assault if he or she attempts to cause, or recklessly or purposely causes bodily harm to another, negligently causes bodily harm to another person with a deadly weapon, or attempts by “physical menace to put another in fear of imminent, serious bodily harm.” So, whether you have caused less serious injury to another with no use of a deadly weapon, accidentally caused injury to another with a deadly weapon or attempted to intimidate another person, making them believe you intend to harm them, you could be guilty of simple assault.
Many people are surprised to find that slapping another person, pulling their hair, grabbing them in a forceful manner, or even making a threatening statement can result in charges of simple assault. As an example, if another person says something that makes you extremely angry, and you say, “I am going to hit you in the head with that stick,” then you could potentially be charged with simple assault if the other person is convinced he or she was in danger of imminent harm.
DeSoto County domestic violence has occurred when an assault—as described above—is committed against:
- Current or former spouses;
- Parents, children or other relatives who live in the same house;
- A person who has a biological child with the defendant;
- Other persons who live in the same house, or
- A person who has a former dating relationship with the defendant.
The punishments for domestic violence are the same as those for simple assault, unless it is for a third or subsequent conviction of domestic violence, against the same or another victim, within five years of the last conviction. If this is the case, the defendant will be found guilty of a felony, and sentenced to not less than five years in prison and not more than ten years in prison. The court will consider aggravating factors when determining sentencing such as whether the crime was committed in the physical presence or hearing of a child younger than 16 who was living in either the residence of the victim, the perpetrator, or the home where the offense occurred.
DeSoto County Penalties for a Simple Assault or Domestic Violence Conviction
If you were to be convicted on charges of simple assault or domestic violence, you could, under Mississippi law, face a fine of not more than $500, and up to six months in jail—or both. Clearly, the penalty for simple assault or an act of domestic violence is fairly severe, and can become even more so, if the crime was committed against a group of people who are considered “special” victims. DeSoto special victims include the following:
- Corrections officers;
- Law enforcement officers;
- Emergency medical personnel;
- Social workers;
- Others employed by the Human Services Dept.;
- Some court employees;
- Teachers and public school administrators, and
- Those over the age of 64 who are disabled or incapacitated.
A special victim who is designated as such by virtue of his or her employment, must be performing his employment duties at the time the alleged assault occurred. Simple assault against a special victim in DeSoto is a felony, punishable by up to five years in prison and a maximum fine of $1,000.
Getting the Legal Help You Need
If you have been charged with simple assault or domestic violence in DeSoto, you need immediate, experienced legal help. The attorneys at Stroud, Flechas & Dalton have helped many people just like you in DeSoto County and surrounding areas. We don’t want you to suffer the long-term consequences a conviction for simple assault or domestic violence could bring.
In addition to the criminal penalties you could face, you might also find that the conviction for DeSoto domestic violence or simple assault on your record could result in prospective employees looking at that record and denying you employment you are otherwise well-qualified for. Call Stroud, Flechas & Dalton at (662) 536-5656. Our attorneys will treat you with respect and compassion and will work hard on your behalf to obtain the best outcome possible.