Domestic Violence in Tunica County, Mississippi
If you have been charged with simple assault or domestic violence in the state of Mississippi, you should take the charges very seriously. Domestic violence in Mississippi is simple assault, committed against a person within a specified group. If you commit any of the following acts against another person, you have committed simple assault or domestic violence, depending on who the person was:
- Negligently causing bodily injury to another person, using a deadly weapon to do so
- Causing physical injury to another person either intentionally or recklessly
- Any attempt to physically injure another person
- Any threat against another person which causes that person to fear he or she is about to suffer a serious physical injury
A reckless act which results in physical injury to another and is unintentional. Suppose you are at a major department store on Black Friday, and in an attempt to snag the computer you want, you push another person out of the way. That person falls and strikes her head against the floor, resulting in a concussion. In this scenario, even though you did not intend harm to the person, you acted in a reckless manner and harm resulted. A negligent act is also unintentional, but could result from a situation in which a person was not being sufficiently careful with a firearm, and an accidental shooting occurred.
The resulting injuries from a Tunica County, MS simple assault or act of domestic violence must be relatively minor, such as a cut, a scrape or a bruise. If more serious injury resulted from the act of simple assault or domestic violence, such as an injury which requires surgical intervention or hospitalization or a broken bone, then the offender may be charged with a more serious offense, such as aggravated assault.
Penalties for Simple Assault or Domestic Violence
If convicted of simple assault or domestic violence in the state of Mississippi, you could find yourself sentenced to up to six months in jail, and/or fines up to $500. If the court determines the assault you committed was due to the victim’s actual or perceived national origin, ethnicity, race, color, religion or gender, you could receive up to twelve months in jail and a fine as large as $1,000. This is known as “discriminatory intent enhancement.” While simple assault or domestic violence are misdemeanor charges, if the crime is committed against a designated group of “special” victims, it can be charged as a felony and a conviction could result in up to five years in prison and a fine up to $1,000. Those included in this group of special victims include:
- Legislators or other elected officials
- Law enforcement officers
- Emergency medical personnel
- Corrections officers
- Social workers
- Certain other workers employed by the Human Services Department
- Some court employees
- Those over the age of 64 who are incapacitated or disabled
- Public school administrators or teachers
Tunica, MS Simple Assault or Domestic Violence Against a Pregnant Woman
When the act of simple assault or domestic violence is committed against a pregnant woman—and the accused was aware of the pregnancy—he or she may be subject to the following enhanced penalties:
- If the assault resulted in a miscarriage or stillbirth, the offender could face up to 20 years in prison and/or a fine up to $7,500.
- If the assault resulted in serious injury to the fetus or embryo, the offender could face up to 20 years in prison and/or a fine up to $5,000.
- If the assault resulted in minor injury to the fetus or embryo, the offender could face up to six months in jail, and/or a fine up to $1,000.
When Tunica County, MS Simple Assault Becomes Domestic Violence
If the act of simple assault is committed against a spouse (current or former), a person the accused is dating or had a romantic relationship with in the past, a family member who resides or previously resided with the accused, a close family member, a child, or the other parent of a child, then the act of simple assault becomes domestic violence.
How a Tunica, MS Simple Assault Attorney Can Help
A conviction for simple assault—even when it is a misdemeanor—can become a part of your criminal record. Any time you apply for a job, your prospective employer can look at this criminal record, and may base their employment decision on your conviction for simple assault or domestic violence. If you receive a conviction for a felony simple assault, you may be unable to hold public office, serve as a juror, own a firearm, obtain a professional license, rent a home or apartment or obtain a student loan for college.
It is imperative that you have an attorney from Stroud, Flechas & Dalton by your side, who is familiar with the local criminal court system and has handled many cases like yours. We understand that in the heat of the moment, tempers can flare, and situations can escalate. You likely had no intention of harming anyone, and you need someone who will defend you aggressively, investigate the facts thoroughly, and work hard on your behalf to obtain the best possible outcome. Call Stroud, Flechas & Dalton today at (662) 536-5656.
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