Southaven, MS Domestic Violence/Simple Assault Attorney
If you have been arrested for Southaven, MS simple assault or domestic violence, you may be anxious about your future—with good reason. Despite the fact that simple assault and domestic violence are misdemeanor offenses (with some exceptions), they are nonetheless very serious charges. Assuming you don’t need legal representation can be a major mistake, leaving you to face time in jail and fines on your own. If you have been charged with simple assault or domestic violence, you have committed (or been falsely accused) of one of the following:
- You have threatened another person, causing him or her to feel afraid they are about to suffer serious physical injury
- You have negligently caused bodily injury to another with a deadly weapon
- You have either intentionally or recklessly caused physical injury to another person
- You have physically attempted to injury another person
Physical injury caused by reckless behavior could occur in the most unintentional manner. You could be in a crowd of people, attempting to get somewhere in a hurry, when you push someone out of your way. If that person receives an injury from your push—even though you did not intend harm—you could be charged with simple assault, due to your reckless behavior. If you were being negligent with a deadly weapon and accidentally hurt another person, you could also be charged with simple assault. Domestic violence in the state of Mississippi is simple assault, committed against specific people, including:
- A spouse (current or former)
- Any person whom the accused has or had a dating or romantic relationship
- Any close family member who lives with the accused or formerly lived with the accused
- 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 person with whom the accused has a child
The physical injuries associated with domestic violence or simple assault must be relatively minor, such as a cut, bruise or scrape. If more serious injury occurs (broken bones, any injury requiring surgery or hospitalization), then the crime becomes aggravated assault.
Penalties for Simple Assault or Domestic Violence
If you are convicted of simple assault or domestic violence in the state of Mississippi, you could face a sentence of up to six months in jail, or a fine as large as $500. If the assault or act of domestic violence was committed because of the victim’s actual or perceived gender, religion, national origin, ethnicity, race or color, a judge may impose up to twice the jail sentence and twice the amount of fines. Simple assault or domestic violence is considered a misdemeanor fine unless committed against certain persons designated as “special” victims. These special victims include:
- Emergency medical personnel
- Law enforcement officers
- Legislators or other elected officials
- Correction officers
- Social workers
- Family protection workers employed by the Mississippi Human Services Dept.
- Public school administrators
- Certain other court employees
- A person over the age of 64 who is an incapacitated or disabled adult
When simple assault is committed against one of these special victims, the crime becomes a felony, and the penalties increase to as many as five years in prison, and/or a fine as large as $1,000. When simple assault or an act of domestic violence is committed against a pregnant woman—and the accused was aware of her pregnancy—the penalties also increase significantly if harm to the fetus results. If convicted of Southaven simple assault/domestic violence, you could also be required to pay restitution to the victim for any expenses resulting from the crime. These expenses could include medical treatments, counseling, or repair or replacement of damaged property, up to $5,000.
Getting Help from Stroud, Flechas & Dalton
If you have been charged with domestic violence or simple assault, it is extremely important that you have an experienced Southaven, MS criminal defense attorney by your side. The attorneys at Stroud, Flechas & Dalton will try to have your charges dismissed, and if that is not possible, we will work to have your sentence suspended or remanded. If you receive remand, there is no jail or prison time imposed, however you may be sent to counseling or may have to perform community service or remain on probation for a specific length of time.
If you satisfy all the court’s requirements, with no further criminal charges, your case will be dismissed. For a suspended sentence, the court can suspend either a portion, or all of your jail or prison time so long as you successfully complete probation and any other court conditions. Our Southaven, MS criminal defense attorneys are both skilled negotiators and aggressive litigators, therefore you will have all your bases covered, and will have the best chance for a positive outcome once we are representing you. Call Stroud, Flechas & Dalton today at (662) 536-5656.