Mississippi Complaint for Assault and Battery

State:
Mississippi
Control #:
MS-60283
Format:
Word; 
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Mississippi model pleadings. Adapt to fit the specific facts of your case. Don't reinvent the wheel.
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  • Preview Complaint for Assault and Battery
  • Preview Complaint for Assault and Battery
  • Preview Complaint for Assault and Battery

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FAQ

Assault is less serious than an aggravated assault charge and could result in minor injuries or just a threat of violence. Aggravated assault involves more serious circumstances including the intent to seriously harm another person or the use of a weapon during a threat of harm.

Mississippi law states that simple assault is a misdemeanor that occurs when a person: 1. Knowingly or recklessly causes or attempts to cause the bodily injury of another. 2. Negligently causes bodily injury with either a deadly weapon or other instrument that is likely to cause death or injury.

The law in Mississippi also breaks domestic violence crimes down into two categories: simple and aggravated. Simple domestic assault is causing bodily injury without using a weapon and is considered to be a misdemeanor and carries lesser penalties.

If the defendant has no criminal record or very little criminal history or there are mitigating circumstances, or both, the prosecutor may agree to the defendant serving his entire sentence on probation with no time in jail, and even agree to the charges being dismissed once the defendant completes probation.

A person convicted of aggravated assault in Mississippi will face no more than 1 year in jail or no more than 20 years in a state penitentiary.

Penalties for Domestic Violence Crimes Aggravated domestic violence is a felony punishable by a minimum of two years in prison.An aggravating factor is a basis for increasing the sentence and imposing, for instance, three months in jail instead of one month or three years in prison instead of two years.

Penalties for Aggravated AssaultAggravated assault is usually a felony punishable by approximately one to twenty years in prison, depending on the specific provisions of each state's sentencing statute or sentencing guidelines.

If a special victim is designated by his employment status, he must be performing his duties as an employee at the time of the assault. Simple assault against one of these special victims is a felony in Mississippi and punishable by up to five years in prison, a fine up to $1,000, or both.

Aggravated assault is a felony in Mississippi and potential punishments include up to one year in jail or up to sixty years in prison, depending on the victim's age, victim's occupation, and the intent of the offender. (Miss. Code Ann.

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Mississippi Complaint for Assault and Battery