The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery. In many states assaulting a police officer or peace officer who is performing official duties (such as making a lawful arrest) is a more serious offense—sometimes a felony.
In Mississippi, assault is defined under Mississippi Code Section 97-3-7. Simple assault can occur when a person attempts to cause or purposely, knowingly, or recklessly causes bodily injury to another, or negligently causes bodily injury with a deadly weapon or other means likely to produce death or serious bodily harm. Additionally, it includes putting another in fear of imminent serious bodily harm. Simple assault is generally a misdemeanor in Mississippi, but the penalties can be more severe if the victim is a certain public servant, such as a law enforcement officer, firefighter, emergency medical personnel, or a teacher or school official, making it an aggravated assault, which is a felony. The law recognizes the heightened risk and provides for increased penalties when the assault is against a police officer or other protected public servants while they are performing their official duties. The specific circumstances of the incident, such as the use of a deadly weapon or the extent of injury, can also elevate the severity of the charge.