Mississippi Criminal Law BlogThere are certain things that can make a simple assault charge much worse in Mississippi. These are typically referred to as “aggravating factors.” Courts take these factors into account for obvious reasons. Assaults can have varying degrees of severity, and they should be prosecuted accordingly. For example, shoving someone to the ground is much less serious than throwing someone off a balcony. What are some other examples of aggravating factors? How can people make their assault charges worse in Mississippi?
If you have been charged with aggravated assault in Mississippi, it makes sense to get in touch with a criminal defense attorney as soon as possible. In some cases, you may face allegations that are unjustified. This means that your attorney will have the opportunity to remove certain aggravating factors, allowing you to face penalties for simple assault instead of aggravated assault. In any case, we will work hard to mitigate your situation as much as possible. It makes sense to get in touch with one of our legal professionals as soon as possible. The sooner we can start discussing defense strategies, the better.
The Difference Between Aggravated Assault and Simple Assault
Under Mississippi law, a person is guilty of simple assault if they “knowingly or recklessly cause bodily injury to another.” This can involve using a deadly weapon or creating fear of imminent serious bodily harm. In contrast, a person is guilty of aggravated assault if they cause serious bodily injury to another person “under circumstances manifesting extreme indifference to the value of human life.”
In other words, you will be charged with your aggravated assault if it is clear that you did not care whether the victim lived or died.
Aggravating Factors
A simple assault can also become an aggravated assault if there were certain aggravating factors involved. These include:
- Using a deadly weapon likely to cause death
- Causing an injury to a child while they are exiting or boarding a school bus
Keep in mind that a wide range of objects can be considered deadly weapons. These include vehicles, everyday household objects, ropes (when used to choke someone), knives, and guns.
You will also face especially serious penalties if you assault certain people. These people include: