DOMESTIC VIOLENCE & 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.

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