Jackson, Mississippi Criminal Defense Lawyer Discusses How Simple Assault Can Be A Felony

I previously wrote about the misdemeanor crime of simple assault under Mississippi criminal law.  While simple assault is generally a misdemeanor, there are situations when this crime can be a felony.  Specifically, if simple assault is committed against the following persons, then it is a felony:

Statewide elected official;

Law enforcement officer;

Firefighter;

Emergency medical personnel;

Public health professional;

Social worker;

Family protection specialist;

Family protection worker;

Youth detention center personnel;

Training center juvenile care worker;

County or municipal jail officer;

School superintendent;

Principal;

Teacher;

Other school instructional personnel;

School attendance officer;

School bus driver;

Judge;

District attorney;

Legal assistant to a district attorney;

County prosecutor;

Municipal prosecutor;

Court reporter employed by a court;

Court administrator;

Court clerk or deputy court clerk; or

Public defender

It is important to note, however, that in order to qualify as a felony, these individuals must be acting within the course and scope of their employment at the time of the assault.  In other words, if a person assaults someone in one of these categories while the victim is off-duty, and the assault is not related to the victim’s official duties, then it is not a felony.

In addition to the above-listed persons, simple assault may be a felony if the assault is committed against a member of the Legislature (while the Legislature is in session or while the victim is with the scope of his duty as a Legislator), or if the victim is over 65 years-old or a vulnerable adult.

If a felony, simple assault carries penalties including a $1,000.00 fine and five (5) years in prison.

Regardless of whether you are charged with simple assault as a felony or misdemeanor, there are many defenses available under Mississippi law.  Please visit our Mississippi Criminal Defense website for more information.

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One response to “Jackson, Mississippi Criminal Defense Lawyer Discusses How Simple Assault Can Be A Felony

  1. Pingback: Jackson, Mississippi Criminal Defense Lawyer Discusses How Simple … | Federal Criminal Defense Attorneys

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