Simple Assault in Mississippi

Simple assault charges in Mississippi can lead to misdemeanor or felony charges. A person commits simple assault in Mississippi by causing or attempting to cause physical harm to another.

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

What Is Simple Assault in Mississippi?

Under Mississippi law, a person commits an assault by:

• attempting to physically injure another person
• intentionally or recklessly causing physical injury to another
• negligently causing bodily injury to another with a deadly weapon, or
• threatening another and placing that person in fear of imminent serious bodily harm.

Under this definition, a person can face assault charges even if they don't touch or harm the victim.

(Miss. Code § 97-3-7 (2024).)

Examples of Simple Assault in MS

Examples of simple assault could include punching someone in the face or swinging at the person and missing. Raising a clenched fist and angrily walking toward someone could also be a simple assault. Throwing a baseball bat toward the crowd and hitting someone in the head could also qualify as a negligent act with a deadly weapon.

Definitions Relating to Simple Assault

Simple assault generally involves acts that result in bodily injuries or attempt or threaten to cause these injuries. A person can face charges when they act intentionally or recklessly or, even, negligently with a deadly weapon.

Bodily injuries are those that involve physical pain, illness, or impairment of a physical condition. The physical injury involved in a simple assault must be a minor injury like cuts, scrapes, and bruises. If the offender causes or attempts to cause more serious harm, such as a broken bone or an injury that requires surgery or hospitalization, the crime becomes an aggravated assault.

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 one that 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 is injured.

Negligence. A negligent act is not intentional or reckless but occurs because the actor fails to exercise reasonable care. An accidental shooting can be a negligent assault if it results from a person not being careful enough when handling or firing a gun.

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 serious harm. Vehicles are also deadly weapons.

What Are the Penalties for Simple Assault in Mississippi?

Simple assault can be a misdemeanor or felony, depending on whether aggravating factors are involved.

Misdemeanor Simple Assault

A person who is convicted of simple assault in Mississippi can be sentenced to up to six months in jail, fined up to $500, or both.

Felony Simple Assault

Assaulting someone in a protected class carries felony penalties of up to five years in prison, a $1,000 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 adults.

In most instances, the prosecutor must prove the defendant knew the victim was in a protected class. For professions, this generally means the defendant knew the person was acting within their scope of employment or performing their professional duties.

(Miss. Code § 97-3-7 (2024).)

Enhanced Penalties for Simple Assault in Mississippi

A person charged with simple assault could face enhanced penalties if the assault was a hate crime, harmed an unborn child, or involved brandishing a firearm. Domestic violence assaults also carry enhanced penalties.

Discriminatory Intent Enhancement: Hate Crimes

If an offender commits a simple 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 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 Assault Against 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. When minor injuries result, the maximum penalty is 6 months of jail time, a $1,000 fine, or both.

(Miss. Code § 97-3-37 (2024).)

Firearm Enhancement

Displaying or using a firearm to commit a felony simple assault carries an additional sentence term. The standard additional 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).)

Simple Domestic Violence

Simple assault committed against certain family members carries felony penalties for a third or subsequent offense. Learn more in our article on Mississippi Domestic Violence Laws.

(Miss. Code § 97-3-7 (2024).)

Defending Against a Simple Assault Charge in Mississippi

A person facing simple assault charges in Mississippi 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 simple assault—even a misdemeanor—becomes part of your criminal record. If you are 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 for simple assault, contact a criminal defense attorney. A lawyer can help you understand the charges, navigate the system, and defend your rights.