Simple Assault/Domestic Violence Attorney in Olive Branch
Perhaps you have been charged with simple assault/domestic violence in Olive Branch, MS. Of course any criminal conviction can lead to extremely negative, far-reaching consequences to your life, and a conviction for simple assault/domestic violence is no different. Anyone who intentionally or recklessly causes bodily harm or injury—or physical contact which is deemed to be offense to another person—has committed the crime of assault. Mississippi Code Annotated § 97-3-7 more comprehensively states:
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
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.
Special Victims in an Olive Branch Simple Assault/Domestic Violence
Olive Branch simple assault is generally considered a misdemeanor offense unless it is committed against specific victims as detailed in the statute. Under Mississippi law, these special victims include:
- Law enforcement officers;
- Corrections officers;
- Legislators or other elected official;
- Social workers or others employed by the Human Services Dept.;
- Emergency medical personnel;
- Some court employees;
- Those over the age of 64 who are disabled or incapacitated, and
- Teachers and public school administrators.
Those special victims who are 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 Olive Branch is a felony, punishable by up to five years in prison and a maximum fine of $1,000.
When an Olive Branch Argument Can Be Charged as Simple Assault
Many people are unaware that it is not actually necessary to strike someone to be charged with assault. Suppose you and your Olive Branch neighbor are arguing about the fact that his dog constantly digs holes in your yard. The argument gets heated and you lightly poke him in the chest with your index finger to make your point. If the neighbor believes he was in imminent physical bodily harm due to your menacing attitude, he can file assault charges against you.
Or perhaps you were pushing through a crowd of people, and a person you pushed fell down and broke their wrist. Although you had no intent to harm anyone, it could be determined that you acted in a reckless manner. It is important that you not take Olive Branch simple assault/domestic violence charges lightly, and that you retain a highly experienced Olive Branch criminal defense attorney to protect your rights and work hard on your behalf to minimize the long-term damage to your life.
Domestic Violence in Olive Branch
Simple assault committed against a current or former spouse, a parent, grandparent, child, grandchild, a dating partner or a family member who either currently resides or formerly resided with the offender becomes domestic violence. A person convicted of simple assault/domestic violence in Olive Branch can be required to pay restitution up to $5,000 as a means of reimbursing the victim for expenses such as medical treatment or counseling. Mississippi’s domestic violence laws were updated in 2010 in order to more harshly punish those committing assault for their actions.
At that time, Mississippi ranked as the fifth highest in the nation for domestic violence fatalities. Under the new laws, those who strangle their victims during an assault would face felony charges rather than misdemeanor charges. Because of the state and national spotlight on domestic violence, many states have increased the punishments associated with the crime. Unfortunately, in a significant number of cases, the allegations of domestic violence may have been fabricated, or greatly exaggerated. Particularly in divorce and child custody cases, one party may falsely accuse the other of domestic violence as a method of gaining the upper hand in the case.
How Your Olive Branch Simple Assault/Domestic Violence Attorney Can Help
Having an Olive Branch, MS criminal defense attorney by your side from the moment you are charged with simple assault/domestic violence can make all the difference in the outcome of your charges. The attorneys at Stroud, Flechas & Dalton will thoroughly investigate your case in order to determine whether you were wrongfully charged, or if there are other compelling reasons the case should be dismissed prior to trial. If the charges cannot be dismissed, an experienced Olive Branch criminal defense attorney from Stroud, Flechas & Dalton may be able to secure a suspended sentence and probation for your charges of simple assault, which would bring no jail or prison time. If no dismissal or plea is forthcoming, or if you believe you have been wrongly accused, our attorneys can skillfully litigate your case at trial. Call Stroud, Flechas & Dalton at (662) 536-5656.