The term “assault” is commonly associated with the term “battery” in Mississippi, but the truth is they are two different legal matters. The battery is actually applied in cases when the assault continues in an extended fashion and physical harm is the result. Assault can be a simple verbal attack in some situations, but it can also manifest into a physical altercation between the parties. Details matter significantly in an assault situation In Mississippi when charges are filed because of the difference between the two types of assault.
Simple assault
Simple assault is essentially an aggressive interaction between two or more parties that is instigated by an assailant. This can include rash discussion as well as the physical attacks at a minor to moderate level. A single physical assault causing injury to a victim is also simple assault but could be charged to a higher degree. It does not fall into the category of violent crimes like battery charges.
Aggravated assault
Aggravated assault is indeed a serious legal matter, and it is applied when there has been significant injury when an unprovoked individual attacks another with no warning, and then continues to attack. Where aggravated assault enters the violent crimes category is when it becomes a battery. Battery occurs when a victim is rendered defenseless and the assailant continues to attack, often causing serious physical injury to the victim.
Both simple assault and aggravated assault can be associated with domestic violence, but not always. Cases of clear intent to injure another party by an assailant can become an aggravated assault case, as the intent is one of the determining factors when prosecutors evaluate the case. The problem for defendants is that there is a very thin line between the two, and it can be even more important when civil tort claims are filed by victims.