Horn Lake, MS Simple Assault/Domestic Violence Attorney
The crimes of simple assault and domestic violence are essentially the same crime in the state of Mississippi, depending on who the victim of the crime is. If a person assaults:
- A spouse (current or former)
- Children of a spouse (current or former)
- A child or a spouse who lives with the accused or who formerly lived with the accused
- Any close family member who lives with the accused or formerly lived with the accused
- Any person with whom the accused has a child
- Any person whom the accused has or had a dating or romantic relationship
You may wonder exactly what constitutes an act of simple assault in the state of Mississippi. Many people are very surprised to find that charges of simple assault can be brought even if the alleged victim was not actually physically harmed. The crime of simple assault has been committed if a person attempts to physically injure another person or if a person even threatens another person, causing them to fear they are about to suffer serious physical injury. Other acts which could result in charges of Horn Lake, MS simple assault include:
- An attempt to physically injury another person;
- Intentionally or recklessly causing physical injury to another person, or
- Negligently causing bodily injury to another person with a deadly weapon.
Recklessly causing physical injury to another person could happen in any number of ways, however the harm inflicted on the other person is unintentional. Suppose you are running through a crowded airport because you are late for your flight, and you push someone out of the way. That person then falls to the ground and breaks his or her wrist. In this situation, you could be charged with simple assault. Similar to a reckless act which result in an injury to another, a negligent act is also likely unintentional, but occurs because a person failed to exercise reasonable care. As an example, if one person is injured as a result of an accidental shooting, one could assume the shooter was not being careful enough when handling the gun.
What is Bodily Injury in Mississippi?
Bodily injury is any injury which occurs on the human body, including even minor cuts, scrapes or bruises. There does not have to be a serious injury, or, actually any injury at all (if the serious threat of injury exists) in order for you to be charged with simple assault or domestic violence. As an example, suppose you are having an argument with your neighbor over your property boundaries. The argument is growing heated, and your neighbor is yelling and stepping very close to you. You push your neighbor as a means of getting him to back up, but he falls backwards, cutting his arm on a limb. You could be charged with simple assault.
Penalties for Simple Assault/Domestic Violence in Horn Lake, MS
If you are convicted of simple assault or domestic violence in Horn Lake, MS you could be sentenced to up to six months in jail, and/or a $500 fine, unless it is for a third or subsequent conviction of domestic violence, against the same or another victim, within five years of your last conviction. If this is the case, you could be found guilty of a felony rather than a misdemeanor, and could be sentenced to not less than five years in prison, and not more than ten years in prison. Aggravating factors will be considered when determining the sentence. One of these aggravating factors is:
- Whether the assault or act of domestic violence was committed in the physical presence or hearing of a child who was younger than sixteen, who was living in either the residence of the victim, the residence of the accused or in the home where the offense was committed.
Simple Assault Against a Special Victim is a Felony
The penalty of domestic violence or simple assault is fairly serious, however is simple assault is committed against a group of people considered “special” victims, the crime becomes a felony and is punishable by up to five years in prison and a fine as large as $1,000. In the state of Mississippi, the following are considered special victims:
- Social workers
- Emergency medical personnel
- Teachers and public school administrators
- Some court employees
- Other employees of the Human Services Department
- Law Enforcement officers
- Corrections officers
- Those over the age of 64 who are disabled or incapacitated
How a Horn Lake, MS Attorney Can Help with Your Charges of Simple Assault
The attorneys at Stroud, Flechas & Dalton understand that tempers can flare and arguments can escalate quickly. Good people can make one bad decision, and end up being charged with simple assault or domestic violence. Further, in some cases of domestic violence, the police are not sure who the victim really is, and they may end up arresting the wrong person. In either scenario, you need solid legal representation.
We will work hard to build a case on your behalf, protecting your future and your rights the entire time. We will investigate the facts of your case in order to determine whether there might be grounds for dismissal; otherwise we will attempt to negotiate the best deal possible for lesser charges or a lesser sentence. Don’t face Horn Lake, MS criminal charges of simple assault or domestic violence on your own—call Stroud, Flechas & Dalton today at (662) 536-5656.