When facing a criminal charge in Mississippi, it’s crucial to understand the specifics of the offense you’re accused of. Simple assault is one of the more common charges we see at Eichelberger Law Firm, but that doesn’t mean it’s always straightforward. Let’s break down what constitutes simple assault in Mississippi and what you should know if you or a loved one is facing this charge.
What is Simple Assault?
In Mississippi, simple assault is defined under the law as an attempt to cause bodily injury to another person or actually causing such injury. It can also involve creating a situation where someone fears that they are in imminent danger of being hurt. Here’s what the law generally considers when determining if an action is simple assault:
Attempting to Cause Injury: You don’t have to succeed in injuring someone to be charged with simple assault. If you attempt to cause bodily injury, even if you don’t actually hurt the person, you could still face charges. This could include throwing a punch that misses or swinging an object at someone without making contact.
Causing Bodily Injury: If your actions result in bodily injury to someone else—whether those actions were intentional or simply reckless—you might be charged with simple assault. Bodily injury doesn’t have to be severe; it could be something as minor as a bruise or a cut. What matters is that your actions caused an actual bodily injury and not just hurt feelings.
Negligent Injury with a Weapon: It’s also considered simple assault if you negligently cause injury to someone using a deadly weapon or something that could cause serious harm. Negligence means you didn’t intend to hurt someone, but your careless actions resulted in injury. For example, if you’re not being careful when handling a gun or a knife and someone gets hurt, that could lead to a simple assault charge.
Causing Fear of Imminent Harm: You don’t have to touch someone to commit simple assault. If your actions make another person reasonably fear that they’re about to be seriously hurt, that can be enough. This is often referred to as “assault by physical menace,” where threatening behavior alone can result in charges.
Potential Consequences
A conviction for simple assault in Mississippi can carry serious consequences. The penalties might include fines, jail time, or probation. Additionally, having a criminal record can impact your life in many other ways, such as affecting your employment opportunities or your right to possess a firearm.
Defending Against Simple Assault Charges
If you’re facing a simple assault charge, it’s important to remember that every case is unique. There may be defenses available to you, depending on the specifics of your situation. For example, self-defense is a common defense to assault charges. If you were protecting yourself or someone else from harm, you might have a valid defense.
At Eichelberger Law Firm, we understand how stressful it can be to face criminal charges. We’re here to help you navigate the legal system and fight for your rights. If you or a loved one has been charged with simple assault, don’t hesitate to reach out to us. Let’s discuss your case and explore your options.