Mississippi Simple Assault Defense: Your Questions Answered by a Lawyer

In this blog post, Mississippi criminal defense attorney Matt Eichelberger answers questions frequently asked by clients and potential clients who are facing a simple assault charge.

Question 1: What is a simple assault charge in Mississippi?

Matt: Generally, simple assault in Mississippi is a misdemeanor charge defined under Mississippi law as causing or attempting to cause bodily injury to another person, or threatening to do so in a way that makes the person reasonably fear harm. It can also involve negligently causing bodily injury with a deadly weapon or other means likely to produce death or serious harm. There are ways in which a simple assault charge can be treated as a felony, but those are not usual circumstances.

Question 2: What are the potential consequences of a simple assault conviction?

Matt: If convicted, you could face up to six months in jail and/or a fine of up to $500. Beyond that, a conviction can affect your job, housing opportunities, and personal reputation. It’s crucial to understand these stakes and work with an attorney to explore options for getting the charge dismissed or minimizing the impact a conviction might have.

Question 3: I have a good job and no prior record. Could that help my case?

Matt: Absolutely. Being a first-time offender with a clean record can often be helpful. Prosecutors and judges may be more open to alternatives like nonadjudication programs or reduced penalties. It’s important to present your background in a positive light and explore all legal strategies.

Question 4: What defenses might be available for a simple assault charge?

Matt: Common defenses include arguing that the act was in self-defense, in defense of others, or that there was no intent to cause harm. If the evidence is weak, it might also be possible to argue that the supposed victim’s fear of bodily harm wasn’t reasonable. Each case is unique, so the defense strategy will depend heavily on the facts of each case.

Question 5: Can I avoid a conviction entirely?

Matt: It’s possible. Options include seeking an acquittal or a dismissal of the charges, entering a plea deal to a different offense (like disorderly conduct), or participating in a nonadjudication program, which would allow you to avoid a conviction altogether if you meet certain conditions. Discussing your options with an attorney as soon as possible is critical to exploring these potential outcomes.

Question 6: What should I do next if I’ve been charged with simple assault?

Matt: First, don't talk about your case with anyone except your lawyer. Anything you say can be used against you. Then, consult an experienced Mississippi criminal defense lawyer who can evaluate your case, explain your options, and start building a strong defense. Time is of the essence, so act quickly.

Closing Note: Remember, no two cases are the same. If you’re facing a simple assault charge, the Eichelberger Law Firm is here to help. Contact us today to schedule a consultation and discuss your legal options.