Mississippi Aggravated Assault Laws and Penalties

Aggravated assault charges in Mississippi can lead to serious felony charges, lengthy prison sentences, and stiff fines.

Read on to learn how Mississippi defines and punishes aggravated assault crimes.

What Is Aggravated Assault in Mississippi?

Under Mississippi law, a person commits aggravated assault by:

• attempting to cause serious bodily injury to another person
• intentionally or recklessly causing serious bodily injury to another while acting with extreme indifference to human life
• attempting or causing bodily injury to another person with a deadly weapon or by other means likely to cause death or serious bodily injury, or
• causing injury to a child who is in the process of boarding or exiting a school bus if the offender has failed to stop for the bus according to traffic laws.

A person can face aggravated assault charges even if the victim suffers no harm, as long as serious harm was possible. Attempting to seriously harm another carries the same penalties as inflicting such harm.

(Miss. Code § 97-3-7 (2024).)

Examples of Aggravated Assault in MS

Examples of aggravated assault could include repeatedly punching someone in the head and causing unconsciousness or internal bleeding. Trying to run someone over with a car would also be aggravated assault. Stabbing or shooting someone—or attempting to do so and missing or just nicking the victim—could also result in aggravated charges.

Definitions Relating to Aggravated Assault

Aggravated assault generally involves acts that result in, or attempt to cause, serious bodily injuries, or that involve the use of a deadly weapon. A person can face aggravated assault charges when they act intentionally, recklessly, or with extreme indifference to human life.

Serious bodily injuries are injuries that create a substantial risk of death or cause serious, permanent disfigurement, or protracted loss or impairment to the body or internal organs. For instance, a gunshot or stab wound is usually a serious bodily injury. Assaults resulting in broken bones, permanent facial scars, internal bleeding, organ damage, or injuries requiring surgery or hospitalization are also serious.

Deadly weapons can be any device, object, or substance that's designed to cause death or serious bodily harm or that can be used in such a way. Firearms, knives, and metal knuckles are deadly weapons, as are baseball bats, crowbars, or stiletto heels when used to cause harm. Vehicles are also deadly weapons.

Intentional acts are done on purpose to cause a certain result. Punching someone in the face is an intentional act.

Reckless. A reckless act is committed, not necessarily with intent to harm another, but without regard for the outcome. Pushing someone out of the way in a crowd so that you can get through, without intending to injure the person, could be an assault if the person falls and breaks an arm.

Extreme indifference. A person acts with extreme indifference by recklessly or consciously disregarding the risk of death to others by their actions. Spinning donuts in a vehicle and hitting a pedestrian likely shows extreme indifference to human life.

What Are the Penalties for Aggravated Assault in Mississippi?

Aggravated assault is a felony in Mississippi and potential punishments include up to one year in jail or up to 60 years in prison, depending on the victim's age, victim's occupation, and the intent of the offender.

Aggravated Assault

Unless any of the factors below apply, a person who is convicted of aggravated assault in Mississippi can be sentenced to up to one year in jail or up to 20 years in prison.

Aggravated Assault Against a Protected Victim

Aggravated assault against a victim in a protected class carries felony penalties of up to 30 years in prison, a $5,000 fine, or both. Mississippi's list of protected individuals is lengthy. Here's a summary of those included:

• law enforcement officers, firefighters, EMTs, and other first responders
• correctional officers and jailers
• judges, court clerks, and court employees
• government prosecutors and public defenders
• state elected officials and legislators (while in session)
• military and guard members
• school teachers and employees
• health care providers and employees
• social workers and family protection workers, and
• elderly persons (65 and older) and vulnerable persons.

In most instances, the prosecutor must prove the defendant knew the victim was acting within their scope of employment or performing their professional duties.

(Miss. Code § 97-3-7 (2024).)

Aggravated Assault as a Hate Crime

If an offender commits aggravated assault because of the victim's actual or perceived color, race, ethnicity, national origin, religion, or gender, the court can double the sentence. The same hate crime enhancement applies when a person intentionally targets a victim because they are a police officer, firefighter, or EMT.

(Miss. Code §§ 99-19-301, 99-19-307 (2024).)

Intentional Aggravated Assault of a Pregnant Woman

Intentionally assaulting a pregnant woman carries up to 20 years of prison time if the victim suffers a miscarriage or stillbirth or the embryo or fetus suffers serious injuries.

(Miss. Code § 97-3-37 (2024).)

Firearm Enhancement

Displaying or using a firearm to commit aggravated assault carries an additional sentence term. The standard term is five years. But if the offender has a felony record, the term bumps up to 10 years.

(Miss. Code § 97-37-37 (2024).)

Aggravated Domestic Violence

Aggravated assault committed against certain family members carries minimum sentences and enhanced penalties for repeat offenses. Learn more in our article on Mississippi Domestic Violence Laws.

(Miss. Code § 97-3-7 (2024).)

Defending Against an Aggravated Assault Charge in Mississippi

A person facing aggravated assault charges can fight the charges in several ways, including by poking holes in the prosecution's case or by raising an affirmative defense.

Self-defense. A defendant might claim self-defense or defense of others if the alleged victim started the altercation or was about to.

Reasonable doubt. The defense might also try to poke holes in the prosecution's case by arguing the prosecution failed to prove the required intent, injuries, or aggravating factors. In this case, the defense might be able to get the charges dismissed or reduced.

The Value of Good Representation

A conviction for aggravated assault carries the possibility of serious prison time and becomes part of your criminal record. If you're convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. If you face charges of aggravated assault, contact a criminal defense attorney. A lawyer can help you understand the charges, navigate the system, and defend your rights.