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;


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;



Other school instructional personnel;

School attendance officer;

School bus driver;


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.


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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