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Assault and Battery

Experienced Mississippi Assault and Battery Defense Lawyers

Presenting a strong defense against violent crime charges

A defendant charged with assault or battery may be facing prison time. You need an attorney who is determined and serious about fighting for you, and who has the experience and knowledge to succeed. The Law Office of Dustin Thomas defends individuals in the criminal justice system and our attorneys are true advocates for the rights of defendants charged with violent crimes.

What is assault and battery?

Generally, assault is the threat of violence and battery is any violent or unwanted touching. These charges vary by state and the names of the two crimes are often used interchangeably. In some states, they are not considered separate offenses. Actions such as hitting, kicking, punching or pushing are considered to be assaults. Many other actions such as grabbing or spitting can also lead to these charges. Our attorneys fight all types of violent crime charges.

What are some types of assaults?

Assaults occur for a variety of reasons. Many assault or battery charges stem from simple fights. In these cases, our attorneys work to show that you were acting in self-defense and are not a violent criminal. Other assaults are gang-related or occur in conjunction with other crimes such as robbery. Assaults of a sexual nature are treated differently by the law. In all cases, our attorneys present a strong defense in an attempt to preserve your freedom.

Reducing an assault charge

Most states have a variety of assault charges such as aggravated assault or assault in the first degree. Depending on the facts of your case, the state may choose to charge you with a higher level crime than is necessary. Our attorneys work to get your charges reduced through a variety of pretrial motions. We also fight to get our clients the most lenient sentence possible under the circumstances.

Assault and Battery in Mississippi is Aggravated Assault (felony) or simple assault (misdemeanor) both can be found in Mississippi Code § 97-3-7

  • (1)  (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both.

o   (b)  However, a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both.

  • (2)  (a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; (ii) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years.

o   (b)  However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both.

The penalties can vary greatly depending on who the victim is (police officer for example), if it is a domestic violence assault and how many times a person has been convicted in the past.

They should contact the office immediately if arrested to discuss exactly what they are facing and retain the firm to begin gathering important information based on the charge they are facing.

For a committed defense, call Mississippi criminal law attorneys who will fight for you

Call The Law Office of Dustin Thomas at 228-215-0421 or contact us online to schedule your consultation at our Pascagoula, Mississippi office.

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Office Location
  • Pascagoula Office
    525 Krebs Avenue
    P.O. Box 1270
    Pascagoula, Mississippi 39568
    Phone: 228-696-8881
    Fax: 228-696-8991