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assault

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 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 to another with a deadly weapon or other means likely to produce death or serious bodily harm. Additionally, it can be committed by putting someone in fear of imminent serious bodily harm. Simple assault is generally a misdemeanor in Mississippi, but it can be elevated to an aggravated assault, which is a felony, if certain factors are present, such as the use of a deadly weapon or the infliction of serious bodily injury. The distinction between assault and battery is recognized in Mississippi, with battery requiring actual physical contact and harm, whereas assault can be committed without physical contact, through an act that puts another in fear of imminent harm.

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Understanding Assault vs. Battery

The distinctions between assault and battery can be nuanced, and the circumstances surrounding the incident can significantly influence the charges and potential outcomes.

State Statutes

Mississippi State Code

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