Khalaf & Nguyen has handled assault/domestic violence cases, some being tried in front of a judge.
DOMESTIC VIOLENCE & ASSAULT (SIMPLE AND AGGRAVATED)
Here are some common questions and answers about domestic violence and assault (simple and aggravated).
Miss. Code Ann. § 97-3-7. In Mississippi, assault and domestic violence are both criminal offenses, but domestic violence is treated as a more serious form of assault due to the relationship between the parties involved.
Assault charges can vary based on severity.
A person is guilty of simple assault if he or she (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm.
Misdemeanor
Penalty: Up to 6 months in jail and a $500 fine.
Domestic violence is generally charged under the same assault statute, but involves a specific relationship between the victim and the accused.
- Spouse or former spouse
- Person living or formerly living with the defendant
- Family member or household member
- Dating partner (current or former)
- 1st offense: Misdemeanor – Up to 6 months jailand/or $500 fine
- 2nd offense: Misdemeanor – Enhanced penalties
- 3rd or subsequent offense: Felony– Up to 10 years in prison
Yes.
A person is guilty of aggravated assault if he or she (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615
Up to 20 years in prison (depending on severity and victim status).
- Involves all of the elements of a simple assault domestic violence.
- Always a felony.
- Involves serious injury or use of a weapon
1–20 years in prison
- No Contact Orders: Often issued in conjunction with domestic violence charges.
- Firearm Prohibition: Conviction of domestic violence may prohibit firearm possession under federal law.
- Diversion Programs: First-time offenders may be eligible for pre-trial intervention or counseling in some counties.
- Child Custody Impact: Convictions can influence family law matters.
1. Self Defense:
- The defendant used reasonable force to protect themselves from immediate harm.
- The force must be proportionate to the threat.
- Key issues: who initiated contact, injuries to both parties, and witness testimony.
2. Defense of Others
- Similar to self-defense, but involves protecting a child or family member
3. False Allegation
- Common in custody battles, divorces, or breakups.
- The alleged victim may have fabricated or exaggerated claims to gain an advantageor out of anger or retaliation.
4. Lack of Evidence
- The prosecution has the burden of proof beyond a reasonable doubt.
- If there are no physical injuries, eyewitnesses, or credible evidence, a conviction is less likely.
- Defense can challenge inconsistencies in police reports, 911 calls, or witness statements.
- Early involvement of a criminal defense attorney is crucial.
- Exploring pre-trial diversion(if available) may help avoid a conviction.
- In some cases, the alleged victim may choose not to cooperate, but the state can still prosecute using other evidence (i.e. 911 calls or body cam footage)
In Mississippi, assault on a law enforcement officer is treated much more seriously than a typical assault. It falls under the aggravated assault statute with enhanced penalties due to the protected status of the victim.
Miss. Code Ann. § 97-3-7(2) covers aggravated assault, including when committed against law enforcement officers.
To qualify under this law, the assault must be:
- Against a law enforcement officer, which includes police, sheriff’s deputies, correctional officers, etc.;
- While the officer is acting within the scope of official duties.
Felony
- FIne up to $5,000
- Maximum sentence: 30 years
domestic abuse protection order
Types of Protection Orders in Mississippi:
Who Can Get One?
In Mississippi, a Domestic Abuse Protection Order—also known as a Protective Order or Order of Protection Against Domestic Abuse—is a legal order issued by a court to help protect victims of domestic violence from further abuse or threats. Here's what you need to know:
Who Can Get One?
Types of Protection Orders in Mississippi:
Who Can Get One?
You may petition for a protection order if you are a victim of abuse or threats by:
- A current or former spouse
- Someone you live with or used to live with
- Someone you share a child with
- A dating or intimate partner
Types of Protection Orders in Mississippi:
Types of Protection Orders in Mississippi:
Types of Protection Orders in Mississippi:
Emergency Protective Order
- § 93-21-13
- Can be granted ex parte (without the abuser present)
- Typically lasts 10 days or until the court holds a hearing for a final order
- Designed for immediate protection
Temporary Protective Order
- § 93-21-11: (1)Within ten (10) days of the filing of a petition under the provisions of this chapter, the court shall hold a hearing, at which time the petitioner must prove the allegation of abuse by a preponderance of the evidence.
(2)The respondent shall be given notice of the filing of any petition and of the date, time and place set for the hearing by personal service of process. A court may conduct a hearing in the absence of the respondent after first ascertaining that the respondent was properly noticed of the hearing date, time and place.
- § 93-21-15(b): The duration of any temporary domestic abuse protection order issued by a municipal or justice court shall not exceed thirty (30) days. However, if the party to be protected and the respondent do not have minor children in common, the duration of the temporary domestic abuse protection order may exceed thirty (30) days but shall not exceed one (1) year.
Final Protective Order
- Issued after a court hearing where both parties can present evidence
- Can last for up to 3 years, or longer if the court finds it necessary
- Can be renewed or extended
What the Order Can Do:
Enforcement and Violation:
Types of Protection Orders in Mississippi:
A protective order can:
- Order the abuser to stop contacting or abusing you
- Remove the abuser from your home
- Prohibit possession of firearms
- Other relief the court deems appropriate
Enforcement and Violation:
Enforcement and Violation:
Enforcement and Violation:
- Violating a protective order is a criminal offense in Mississippi and can lead to arrest and jail time.
- Police are required to enforce valid protective orders, including those from other states under full faith and credit.
no contact order
What a No Contact Order Typically Prohibits
Types of No Contact Orders in Mississippi
A No Contact Order in Mississippi is a legal order issued by a court that prohibits a person (typically the defendant in a criminal case) from having any form of contact with another individual, usually the alleged victim or witness.
If you are involved in a case with a no contact order—whether as the protected person or the restrained individual—it’s crucial to follow the order strictly and consult with an attorney about your rights and options.
Types of No Contact Orders in Mississippi
What a No Contact Order Typically Prohibits
Types of No Contact Orders in Mississippi
- Criminal No Contact Order:
- Issued as part of a bond condition in criminal cases, especially in domestic violence, stalking, harassment, or assault cases.
- Violating the order can result in bond revocation, new criminal charges, or jail time.
- Protective Order (Order of Protection):
- Can be civil or criminal and may be issued in domestic abuse cases under Mississippi’s Protection from Domestic Abuse Law.
- Includes broader protections such as staying away from the home, workplace, or school of the protected person.
What a No Contact Order Typically Prohibits
What a No Contact Order Typically Prohibits
What a No Contact Order Typically Prohibits
- Direct communication (calls, texts, emails, in-person)
- Indirect communication (messages through friends or family)
- Physical proximity (coming within a certain distance of the protected person)
- Presence at certain locations (home, workplace, school, etc.)
How Long Does It Last?
Penalties for Violating a No Contact Order
What a No Contact Order Typically Prohibits
The duration depends on the court order itself. It can be:
- Temporary (until the next court date or conclusion of the case)
- Permanent (especially in domestic violence or harassment cases)
Modifying or Lifting the Order
Penalties for Violating a No Contact Order
Penalties for Violating a No Contact Order
- Either party (especially the protected party) may petition the court to modify or lift the order.
- The court will typically consider:
- The safety of the protected party
- The nature of the underlying case
- Any evidence of reconciliation or continued threat
Penalties for Violating a No Contact Order
Penalties for Violating a No Contact Order
Penalties for Violating a No Contact Order
- Contempt of court
- Revocation of bond
- Additional criminal charges (like stalking or intimidation)
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