Mississippi Assault Laws: Simple vs Aggravated Assault and Penalties

Mississippi does not have a separate battery crime. Miss. Code Ann. 97-3-7 uses the single word "assault" for causing or attempting to cause bodily injury, for negligently injuring someone with a deadly weapon, and for attempting by physical menace to put someone in fear of imminent serious bodily harm. Simple assault carries a fine of up to $500, up to six months in county jail, or both; aggravated assault carries up to 20 years in the custody of the Department of Corrections, before any repeat-offender increase. The same section creates separate domestic violence offenses for covered relationships. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Mississippi's assault and domestic violence statute (Miss. Code Ann. 97-3-7), the penalty enhancements in 99-19-301 through 99-19-307, the habitual-offender statutes (99-19-81 and 99-19-83), felonious child abuse (97-5-39(2)) as it overlaps with assault, and the civil limitations period in 15-1-35 with the disability saving in 15-1-59. It does not cover self-defense and justification (see Mississippi self-defense laws), protective orders (see Mississippi restraining order laws), sexual offenses, federal assault crimes (see the assault and battery hub) or county and city ordinances.

Assault vs. battery in Mississippi

In many states, assault is the threat and battery is the contact. Mississippi's criminal statute uses one word, assault, for both. Section 97-3-7(1)(a) provides that a person is guilty of simple assault if he or she:

"(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"

What other states call battery, an actual injury, falls under clause (i). A threat backed by physical menace falls under clause (iii). The word "battery" still appears in Mississippi law, for example in the civil limitations statute's reference to "assault and battery," but the criminal offense is charged as assault.

Mississippi assault charges and penalties

Section 97-3-7 states each penalty directly rather than assigning the offense to a numbered class.

Each figure is a statutory limit (or minimum and maximum), not a prediction of the sentence a court will impose. Aggravated assault is unusual because the statute allows two sentencing tracks: a county-jail term of up to one year or a Department of Corrections sentence of up to 20 years. These are the ranges for the offense itself; Mississippi's habitual-offender statutes (99-19-81 and 99-19-83) set higher sentences for some repeat felony convictions, described below.

Is assault a felony in Mississippi?

Plain simple assault carries county jail only, up to six months. The penalties climb into years of imprisonment in these situations:

• A listed victim. Simple assault on a person listed in 97-3-7(14), under that subsection's circumstances, carries up to five years.
• Aggravated assault. Serious bodily injury (attempted, or caused with the required mental state) or bodily injury with a deadly weapon carries up to 20 years in the Department of Corrections, though a county-jail sentence of up to one year is also authorized.
• Domestic violence. Aggravated domestic violence, including strangulation, carries two to 20 years (10 to 20 years for aggravated domestic violence third), and a third simple domestic violence offense within seven years is what the statute itself calls "the felony of simple domestic violence third."

Repeat felony offenders. A person convicted of a felony who has two prior felony or federal convictions, on charges separately brought and arising out of separate incidents at different times, with separate sentences of one year or more, must receive the maximum term for the new felony unless the court explains in its sentencing order why it is deviating, without reduction, suspension, parole or probation (99-19-81). If the person actually served those separate terms of one year or more and any one of the felonies was a crime of violence under 97-3-2, a list that includes aggravated assault under 97-3-7(2) and aggravated domestic violence under 97-3-7(4)(a), the sentence is life imprisonment without parole, probation or any other early release (99-19-83).

Simple vs. aggravated assault in Mississippi

The difference turns on the injury, the weapon and the mental state. Section 97-3-7(2)(a) makes a person guilty of aggravated assault if he or she:

"(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"

Compare the deadly-weapon clauses. Negligently causing bodily injury with a deadly weapon is simple assault under (1)(a)(ii); attempting to cause or purposely or knowingly causing bodily injury with a deadly weapon is aggravated assault under (2)(a)(ii). Likewise, recklessly causing ordinary bodily injury is simple assault, while recklessly causing serious bodily injury is aggravated assault only "under circumstances manifesting extreme indifference to the value of human life."

Assaulting a police officer, teacher, health care worker or other listed person

Section 97-3-7 does not create a separate offense for each protected job. Instead, 97-3-7(14) makes assault on a listed person "an aggravating circumstance for charging under subsections (1)(b) and (2)(b)," which raises simple assault to up to five years and aggravated assault to up to 30 years. The list has three parts, and the condition attached to each part matters.

(a) People acting within the scope of their duty. The enhancement applies "when acting within the scope of his or her duty, office or employment at the time of the assault" to:

• a statewide elected official; law enforcement officer; fireman; emergency medical personnel;
• a health care provider, and employees of a health care provider or health care facility;
• a social worker, family protection specialist or family protection worker employed by the Department of Human Services or another agency; Division of Youth Services personnel; any county or municipal jail officer;
• a superintendent, principal, teacher or other instructional personnel, school attendance officer or school bus driver;
• any member of the Mississippi National Guard or United States Armed Forces;
• a judge of a circuit, chancery, county, justice, municipal or youth court, a judge of the Court of Appeals or a justice of the Supreme Court; a district attorney or legal assistant to a district attorney; a county or municipal prosecutor; a court reporter employed by a court, court administrator, clerk or deputy clerk of the court; a public defender; or a utility worker.

(b) Legislators, "while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his or her duty, office or employment."

(c) Older and vulnerable people: "A person who is sixty-five (65) years of age or older or a person who is a vulnerable person, as defined in Section 43-47-5." This part carries no on-duty condition.

Separate enhancement for targeting officers, firefighters, EMTs and child protection employees

A different statute can also apply. Under 99-19-301(2), the penalty for any felony or misdemeanor is subject to enhancement under 99-19-301 through 99-19-307 if the offense "was committed with the specific intent to target an individual or group because of actual or perceived employment as a law enforcement officer, firefighter or emergency medical technician." House Bill 1615 (2026), approved by the Governor on March 17, 2026 and effective July 1, 2026, added "a Mississippi Department of Child Protection Services employee" to that list.

Where the enhancement applies under those sections, 99-19-307 provides that "the penalty for the offense may be enhanced by punishment for a term of imprisonment of up to twice that authorized by law for the offense committed, or a fine of up to twice that authorized by law for the offense committed, or both." The specific-intent requirement is the limit: the enhancement reaches offenses committed because of the victim's actual or perceived employment in one of those roles. The same enhancement applies under 99-19-301(1) when an offense was committed because of the victim's actual or perceived race, color, ancestry, ethnicity, religion, national origin or gender.

Domestic violence in Mississippi

Mississippi handles domestic assault through separate offenses in 97-3-7(3) through (5), defined by the relationship between the people involved. Simple domestic violence under (3)(a) applies when the offense is committed against:

"a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child"

The grades are:

• Simple domestic violence: a fine up to $500, up to six months in county jail, or both.
• Simple domestic violence third: simple domestic violence by a person with two prior convictions within seven years for any combination of simple or aggravated domestic violence or substantially similar offenses under the law of another state, the United States or a federally recognized Native American tribe. The penalty is five to 10 years.
• Aggravated domestic violence: two to 20 years in the custody of the Department of Corrections. It covers a person who, against a covered person, attempts to cause serious bodily injury or causes it purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; attempts to cause or purposely or knowingly causes bodily injury with a deadly weapon or other means likely to produce death or serious bodily harm; or "strangles, or attempts to strangle another." A person convicted of aggravated domestic violence, or of a fourth or later offense, is not eligible for parole until serving one year (97-3-7(8)).
• Aggravated domestic violence third: aggravated domestic violence by a person with two prior convictions within seven years, against the same or another victim, for any combination of aggravated domestic violence, simple domestic violence third or substantially similar offenses under the law of another state, the United States or a federally recognized Native American tribe. The penalty is 10 to 20 years.
• Fourth or subsequent offense: 15 to 20 years for a person with at least three previous convictions for offenses under (3) or (4) or substantially similar offenses.

Strangulation. Section 97-3-7(9)(a) defines "strangle" as "to restrict the flow of oxygen or blood by intentionally applying pressure on the neck, throat or chest of another person by any means or to intentionally block the nose or mouth of another person by any means." In 97-3-7, strangulation appears as a form of aggravated domestic violence, so it depends on a covered relationship. Separately, felonious child abuse under 97-5-39(2) covers intentionally, knowingly or recklessly strangling, choking, burning or using a deadly weapon on any child, whether or not bodily harm results, with five years to life; throwing, kicking, biting or cutting a child, or certain blows to a young child's face or head, where bodily harm results, carries two to 10 years, and a second or later conviction under that subsection carries life imprisonment. Senate Bill 2110 (2026), effective July 1, 2026, re-enacted these provisions.

A child in the home. Under 97-3-7(6), in sentencing under subsections (3), (4) and (5), "the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred."

The record. Under 97-3-7(13), in any conviction under subsection (3), (4), (5) or (11), "the sentencing order shall include the designation 'domestic violence.'" A conviction for a misdemeanor crime of domestic violence can also trigger the federal firearm ban in 18 U.S.C. 922(g)(9); the assault and battery hub explains the federal layer.

Protective orders are a separate civil process; see Mississippi restraining order laws.

Recent changes to Mississippi assault law

Section 97-3-7 was last amended by Laws 2019, ch. 341, effective July 1, 2019. Bills to change it since then have died. In the 2025 session, for example, SB 2191, which would have made a second domestic violence offense a felony, died in committee, as did HB 998, which would have clarified that mental health care personnel are covered by the enhanced penalties.

A 2026 change that can affect assault cases is HB 1615, effective July 1, 2026, which added Mississippi Department of Child Protection Services employees to the targeting enhancement in 99-19-301.

Civil lawsuits for assault and battery in Mississippi

A criminal assault case and a civil lawsuit are separate. The state prosecutes the crime; the injured person may sue for damages.

Mississippi's deadline is short. Miss. Code Ann. 15-1-35 provides that "All actions for assault, assault and battery, maiming, false imprisonment, malicious arrest, or menace ... shall be commenced within one (1) year next after the cause of such action accrued, and not after." If the injured person was a minor or of unsound mind when the claim arose, Miss. Code Ann. 15-1-59 lets the year run from the end of that disability, though for unsoundness of mind the saving never extends longer than 21 years. For a specific claim, speak with a Mississippi lawyer. For other filing deadlines, see the Mississippi statute of limitations guide.

Related legal issues

• Self-defense. Justification is a separate topic; see Mississippi self-defense laws.
• Protective orders. See Mississippi restraining order laws.
• Clearing a record. Whether an assault conviction can be expunged is covered in Mississippi expungement laws.

Related pages

• Assault and battery laws by state
• Mississippi self-defense laws
• Mississippi restraining order laws
• Mississippi expungement laws
• Mississippi statute of limitations
• Louisiana assault and battery laws
• Alabama assault and battery laws

This article provides general legal information about Mississippi assault law, not legal advice. Laws change and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in Mississippi.

Last updated: 2026-10-13.

Frequently Asked Questions

Does Mississippi have a battery law?

Mississippi has no criminal offense named battery. Miss. Code Ann. 97-3-7 calls both causing bodily injury and attempting by physical menace to put someone in fear of imminent serious bodily harm simple assault.

What is the penalty for simple assault in Mississippi?

A fine of up to $500, up to six months in county jail, or both under 97-3-7(1)(a). If the victim is a person listed in 97-3-7(14) under that subsection's circumstances, the maximum rises to five years and a $1,000 fine.

What is aggravated assault in Mississippi?

Under 97-3-7(2)(a), it includes attempting to cause serious bodily injury, causing it purposely, knowingly or recklessly with extreme indifference to human life, or attempting to cause or purposely or knowingly causing bodily injury with a deadly weapon. It carries up to one year in county jail or up to 20 years in the Department of Corrections. Under the habitual-offender statutes (99-19-81 and 99-19-83), a repeat felony offender with two qualifying prior felony sentences can face the maximum term or life without parole.

What happens if you assault a police officer in Mississippi?

Assault on a law enforcement officer acting within the scope of his or her duty is an aggravating circumstance under 97-3-7(14): simple assault carries up to five years and aggravated assault up to 30 years. Separately, under 99-19-301 and 99-19-307 the penalty may be enhanced up to twice the authorized term or fine when the offense was committed with the specific intent to target the victim because of actual or perceived employment as a law enforcement officer.

Is assaulting a teacher a felony in Mississippi?

Assault on a superintendent, principal, teacher or other instructional personnel, school attendance officer or school bus driver acting within the scope of duty is an aggravating circumstance under 97-3-7(14). Simple assault then carries up to five years and aggravated assault up to 30 years.

Is strangulation a felony in Mississippi?

Strangling or attempting to strangle a person in a covered domestic relationship is aggravated domestic violence under 97-3-7(4)(a), punishable by two to 20 years in the custody of the Department of Corrections (10 to 20 years with two qualifying prior convictions within seven years). Intentionally, knowingly or recklessly strangling or choking any child (generally a person under 18) is felonious child abuse under 97-5-39(2), whether or not bodily harm results, with five years to life, whatever the relationship.

How long do you have to sue for assault in Mississippi?

Miss. Code Ann. 15-1-35 requires actions for assault and assault and battery to be commenced within one year after the cause of action accrued. If the injured person was a minor or of unsound mind when the claim arose, 15-1-59 starts the year when that disability ends, never more than 21 years later for unsoundness of mind.