Mississippi Code

Miss. Code Ann. § 97-3-7 (2026)

Simple assault; aggravated assault; simple domestic violence; simple domestic violence third; aggravated domestic violence; aggravated domestic violence third

✓ current as of July 2026
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Codes, 1857, ch. 64, art. 18; 1871, § 2497; 1880, § 2711; 1892, § 967; 1906, § 1043; Hemingway's 1917, § 771; 1930, § 787; 1942, § 2011; Laws, 1974, ch. 458, § 1; Laws, 1992, ch. 431, § 2; Laws, 1993, ch. 580, § 1; Laws, 1998, ch. 425, § 1; Laws, 1998, ch. 525, § 1; Laws, 1999, ch. 552, § 2; Laws, 2000, ch. 552, § 1; Laws, 2001, ch. 566, § 1; Laws, 2002, ch. 353, § 1; Laws, 2004, ch. 489, § 9; Laws, 2006, ch. 589, § 1; Laws, 2006, ch. 600, § 11; Laws, 2007, ch. 589, § 10; Laws, 2008, ch. 391, § 2; Laws, 2008, ch. 553, § 1; Laws, 2009, ch. 433, § 3; Laws, 2010, ch. 536, § 1; Laws, 2011, ch. 481, § 3; Laws, 2012, ch. 514, § 8, eff. 7/1/2012.

Amended by Laws, 2019, ch. 341, HB 1465,§ 1, eff. 7/1/2019.

Amended by Laws, 2016, ch. 346, SB 2468, 1, eff. 7/1/2016.

Amended by Laws, 2015, ch. 397, HB 172, 1, eff. 7/1/2015.

Amended by Laws, 2015, ch. 332, HB 556, 3, eff. 7/1/2015.

Amended by Laws, 2014, ch. 463, SB 2476, 1, eff. 7/1/2014.

Amended by Laws, 2013, ch. 565, HB 709, 1, eff. 7/1/2013.


Notes of Decisions
Cited in 758 cases (77 in the last 5 years), 1973–2026 · leading case: Maurice Townsend v. State of Mississippi, 188 So. 3d 616 (Miss. Ct. App. 2016).
Maurice Townsend v. State of Mississippi, 188 So. 3d 616 (Miss. Ct. App. 2016). · cites it 68× “See Miss. Code Ann. § 97-3-7 (1) (Supp. 2011).”
Snowden v. State, 131 So. 3d 1251 (Miss. Ct. App. 2014). · cites it 76× “2002), a defendant claimed that an indictment for aggravated assault was fatally defective because it did not specifically accuse him of violating subsection (2)(a) or (2)(b) of section 97-3-7. The Mississippi Supreme Court held that “it necessarily follows that [Stevens] was…”
Fleming v. State, 604 So. 2d 280 (Miss. 1992). · cites it 21× “The language of the indictment is a paraphrase of Miss. Code Ann. § 97-3-7 (2) which characterizes a person as "guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances…”
Julian Hawkins v. State of Mississippi, 255 So. 3d 1264 (Miss. 2018). · cites it 40× “" Miss. Code Ann. § 97-3-7 (1)(a)(iii). Section 97-3-7(1)(b), the language of which the indictment did not track, provides that "a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated .”
Wilson v. State, 904 So. 2d 987 (Miss. 2004). · cites it 28× “Wilson claims that because he and Tyler have children together, he was entitled to jury instructions on the crime of aggravated domestic assault under Miss. Code Ann. § 97-3-7 (4), which provides: A person is guilty of aggravated domestic violence who commits aggravated assault…”
John Frank Gaulden v. State of Mississippi, 240 So. 3d 503 (Miss. Ct. App. 2018). · cites it 26× “See Miss. Code Ann. § 97-3-7 (2)(a)(i)-(iii).”
Boyd v. State, 47 So. 3d 121 (Miss. 2010). · cites it 30× “Miss.Code Ann. § 97-3-7 (Rev.2006). ¶ 13.”
State of Mississippi v. Hattie Hawkins, 145 So. 3d 636 (Miss. 2014). · cites it 27× “One can be found guilty of simple assault in several situations: 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…”
Brooks v. State, 18 So. 3d 833 (Miss. 2009). · cites it 20× “See Miss.Code Ann. § 97-3-7 (Rev.2006). With respect to the elements of the crime of aggravated assault, the statute remains unchanged from the time Joshua was decided.”
Wilson v. State, 936 So. 2d 357 (Miss. 2006). · cites it 12× “Wilson was also convicted of aggravated assault on Michael under Miss. Code Ann. § 97-3-7 (2) which states: (2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under…”
Rushing v. State, 753 So. 2d 1136 (Miss. Ct. App. 2000). · cites it 58× “Rushing was indicted under Miss. Code Ann. § 97-3-7 (2) (Rev.1994) [3] which reads in pertinent part as follows: *1150 A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly…”
Lee v. State, 469 So. 2d 1225 (Miss. 1985). · cites it 15× “This appeal follows the conviction of Garry Lee for the crime of aggravated assault on a police officer ( Miss. Code Ann. § 97-3-7 (2)(b) Supp. 1984) for which he was sentenced as a recidivist to life imprisonment without parole ( Miss.”
— Miss. Code Ann. § 97-3-7(1) — 81 cases
State of Mississippi v. Hattie Hawkins, 145 So. 3d 636 (Miss. 2014). “One can be found guilty of simple assault in several situations: 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…”
Wilson v. State, 936 So. 2d 357 (Miss. 2006). “Wilson was also convicted of aggravated assault on Michael under Miss. Code Ann. § 97-3-7 (2) which states: (2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under…”
Tillis v. State, 43 So. 3d 1127 (Miss. 2010).
Lee v. State, 469 So. 2d 1225 (Miss. 1985). “This appeal follows the conviction of Garry Lee for the crime of aggravated assault on a police officer ( Miss. Code Ann. § 97-3-7 (2)(b) Supp. 1984) for which he was sentenced as a recidivist to life imprisonment without parole ( Miss.”
Scott Herman Bates v. State of Mississippi, 172 So. 3d 695 (Miss. 2015).
— Miss. Code Ann. § 97-3-7(1)(a) — 20 cases
Julian Hawkins v. State of Mississippi, 255 So. 3d 1264 (Miss. 2018). “" Miss. Code Ann. § 97-3-7 (1)(a)(iii). Section 97-3-7(1)(b), the language of which the indictment did not track, provides that "a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated .”
Hutchinson v. State, 594 So. 2d 17 (Miss. 1992).
Lee v. State, 469 So. 2d 1225 (Miss. 1985). “This appeal follows the conviction of Garry Lee for the crime of aggravated assault on a police officer ( Miss. Code Ann. § 97-3-7 (2)(b) Supp. 1984) for which he was sentenced as a recidivist to life imprisonment without parole ( Miss.”
Russell v. State, 924 So. 2d 604 (Miss. Ct. App. 2006).
Caston v. State, 949 So. 2d 852 (Miss. Ct. App. 2007).
— Miss. Code Ann. § 97-3-7(1)(a)(i) — 1 case
— Miss. Code Ann. § 97-3-7(1)(a)(iii) — 1 case
Julian Hawkins v. State of Mississippi, 255 So. 3d 1264 (Miss. 2018). “" Miss. Code Ann. § 97-3-7 (1)(a)(iii). Section 97-3-7(1)(b), the language of which the indictment did not track, provides that "a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated .”
— Miss. Code Ann. § 97-3-7(1)(b) — 12 cases
Julian Hawkins v. State of Mississippi, 255 So. 3d 1264 (Miss. 2018). “" Miss. Code Ann. § 97-3-7 (1)(a)(iii). Section 97-3-7(1)(b), the language of which the indictment did not track, provides that "a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated .”
Armstrong v. State, 828 So. 2d 239 (Miss. Ct. App. 2002).
Al-Fatah v. State, 916 So. 2d 584 (Miss. Ct. App. 2005).
Maurice Townsend v. State of Mississippi, 188 So. 3d 616 (Miss. Ct. App. 2016). “See Miss. Code Ann. § 97-3-7 (1) (Supp. 2011).”
Hutchinson v. State, 594 So. 2d 17 (Miss. 1992).
— Miss. Code Ann. § 97-3-7(1)(c) — 13 cases
Tate v. State, 784 So. 2d 208 (Miss. 2001).
Davis v. State, 866 So. 2d 1107 (Miss. Ct. App. 2003).
Lee v. State, 469 So. 2d 1225 (Miss. 1985). “This appeal follows the conviction of Garry Lee for the crime of aggravated assault on a police officer ( Miss. Code Ann. § 97-3-7 (2)(b) Supp. 1984) for which he was sentenced as a recidivist to life imprisonment without parole ( Miss.”
Julian Hawkins v. State of Mississippi, 255 So. 3d 1264 (Miss. 2018). “" Miss. Code Ann. § 97-3-7 (1)(a)(iii). Section 97-3-7(1)(b), the language of which the indictment did not track, provides that "a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated .”
McDonald v. State, 784 So. 2d 261 (Miss. Ct. App. 2001).
— Miss. Code Ann. § 97-3-7(14) — 1 case
John Frank Gaulden v. State of Mississippi, 240 So. 3d 503 (Miss. Ct. App. 2018). “See Miss. Code Ann. § 97-3-7 (2)(a)(i)-(iii).”
— Miss. Code Ann. § 97-3-7(14)(a) — 2 cases
— Miss. Code Ann. § 97-3-7(2) — 178 cases
Maurice Townsend v. State of Mississippi, 188 So. 3d 616 (Miss. Ct. App. 2016). “See Miss. Code Ann. § 97-3-7 (1) (Supp. 2011).”
Fleming v. State, 604 So. 2d 280 (Miss. 1992). “The language of the indictment is a paraphrase of Miss. Code Ann. § 97-3-7 (2) which characterizes a person as "guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances…”
Colburn v. State, 431 So. 2d 1111 (Miss. 1983).
Ford v. State, 975 So. 2d 859 (Miss. 2008).
Gibson v. State, 731 So. 2d 1087 (Miss. 1998).
— Miss. Code Ann. § 97-3-7(2)(1972) — 1 case
Rushing v. State, 753 So. 2d 1136 (Miss. Ct. App. 2000). “Rushing was indicted under Miss. Code Ann. § 97-3-7 (2) (Rev.1994) [3] which reads in pertinent part as follows: *1150 A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly…”
— Miss. Code Ann. § 97-3-7(2)(1994) — 1 case
Greenwood v. State, 744 So. 2d 767 (Miss. 1999).
— Miss. Code Ann. § 97-3-7(2)(A) — 1 case
Stegall v. State, 765 So. 2d 606 (Miss. Ct. App. 2000).
— Miss. Code Ann. § 97-3-7(2)(B) — 1 case
Johnson v. State, 721 So. 2d 650 (Miss. Ct. App. 1998).
— Miss. Code Ann. § 97-3-7(2)(a) — 104 cases
Snowden v. State, 131 So. 3d 1251 (Miss. Ct. App. 2014). “2002), a defendant claimed that an indictment for aggravated assault was fatally defective because it did not specifically accuse him of violating subsection (2)(a) or (2)(b) of section 97-3-7. The Mississippi Supreme Court held that “it necessarily follows that [Stevens] was…”
Bright v. State, 986 So. 2d 1042 (Miss. Ct. App. 2008).
Moore v. State, 996 So. 2d 756 (Miss. 2008).
Alvin Brown v. State of Mississippi, 225 So. 3d 1263 (Miss. Ct. App. 2016).
Xavier Collins Johnson v. State of Mississippi, 235 So. 3d 1404 (Miss. 2017).
— Miss. Code Ann. § 97-3-7(2)(a)(1972) — 2 cases
Hardy v. State, 137 So. 3d 289 (Miss. 2014).
— Miss. Code Ann. § 97-3-7(2)(a)(i) — 9 cases
John Frank Gaulden v. State of Mississippi, 240 So. 3d 503 (Miss. Ct. App. 2018). “See Miss. Code Ann. § 97-3-7 (2)(a)(i)-(iii).”
Xavier Collins Johnson v. State of Mississippi, 235 So. 3d 1404 (Miss. 2017).
Cameron Dwayne May v. State of Mississippi, 267 So. 3d 803 (Miss. Ct. App. 2018).
Frederick Devon Pritchett v. State of Mississippi, 171 So. 3d 594 (Miss. Ct. App. 2015).
— Miss. Code Ann. § 97-3-7(2)(a)(ii) — 29 cases
John Frank Gaulden v. State of Mississippi, 240 So. 3d 503 (Miss. Ct. App. 2018). “See Miss. Code Ann. § 97-3-7 (2)(a)(i)-(iii).”
Gilmore v. State, 119 So. 3d 278 (Miss. 2013).
La'Darrian McCray v. State of Mississippi, 263 So. 3d 1021 (Miss. Ct. App. 2018).
Jerri Collins v. State of Mississippi, 270 So. 3d 63 (Miss. Ct. App. 2018).
Grossley v. State, 127 So. 3d 1143 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 97-3-7(2)(b) — 135 cases
Snowden v. State, 131 So. 3d 1251 (Miss. Ct. App. 2014). “2002), a defendant claimed that an indictment for aggravated assault was fatally defective because it did not specifically accuse him of violating subsection (2)(a) or (2)(b) of section 97-3-7. The Mississippi Supreme Court held that “it necessarily follows that [Stevens] was…”
Boyd v. State, 47 So. 3d 121 (Miss. 2010). “Miss.Code Ann. § 97-3-7 (Rev.2006). ¶ 13.”
Rashad J. Smith v. State of Mississippi, 275 So. 3d 100 (Miss. Ct. App. 2019).
McCune v. State, 989 So. 2d 310 (Miss. 2008).
Jenkins v. State, 913 So. 2d 1044 (Miss. Ct. App. 2005).
— Miss. Code Ann. § 97-3-7(2)(b)(a) — 2 cases
Scott Herman Bates v. State of Mississippi, 172 So. 3d 695 (Miss. 2015).
— Miss. Code Ann. § 97-3-7(3) — 20 cases
Collins v. Tallahatchie Cnty., 876 So. 2d 284 (Miss. 2004).
Jones v. State, 962 So. 2d 1263 (Miss. 2007).
Medlin v. State, 35 So. 3d 564 (Miss. Ct. App. 2010).
Robinson v. State, 66 So. 3d 198 (Miss. Ct. App. 2011).
Smith v. Smith, 994 So. 2d 882 (Miss. Ct. App. 2008).
— Miss. Code Ann. § 97-3-7(3)(a) — 2 cases
Bobby Davis v. State of Mississippi (Miss. Ct. App. 2022).
— Miss. Code Ann. § 97-3-7(3)(a)(i) — 3 cases
Cedric Brown v. State of Mississippi, 166 So. 3d 565 (Miss. Ct. App. 2015).
— Miss. Code Ann. § 97-3-7(3)(a)(ii) — 1 case
— Miss. Code Ann. § 97-3-7(3)(a)(iii) — 1 case
— Miss. Code Ann. § 97-3-7(3)(b) — 2 cases
Terris Torrell Stevenson v. State of Mississippi, 156 So. 3d 927 (Miss. Ct. App. 2015).
— Miss. Code Ann. § 97-3-7(3)(ii) — 1 case
— Miss. Code Ann. § 97-3-7(4) — 17 cases
Marvin Kirk v. State of Mississippi, 160 So. 3d 685 (Miss. 2015).
Harris v. State, 970 So. 2d 151 (Miss. 2007).
Wilson v. State, 904 So. 2d 987 (Miss. 2004). “Wilson claims that because he and Tyler have children together, he was entitled to jury instructions on the crime of aggravated domestic assault under Miss. Code Ann. § 97-3-7 (4), which provides: A person is guilty of aggravated domestic violence who commits aggravated assault…”
Ellis v. State, 956 So. 2d 1008 (Miss. Ct. App. 2007).
Williams v. State, 119 So. 3d 404 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 97-3-7(4)(a) — 4 cases
United States v. Julius Taylor, Jr., 643 F. App'x 449 (5th Cir. 2016).
— Miss. Code Ann. § 97-3-7(4)(a)(i) — 1 case
Kelvin Bell v. State of Mississippi (Miss. Ct. App. 2019).
— Miss. Code Ann. § 97-3-7(4)(a)(ii) — 7 cases
Alondo Greenleaf v. State of Mississippi, 267 So. 3d 749 (Miss. 2019).
Kelvin Bell v. State of Mississippi (Miss. Ct. App. 2019).
— Miss. Code Ann. § 97-3-7(4)(a)(iii) — 3 cases
Brent Ryan v. State of Mississippi, 245 So. 3d 491 (Miss. Ct. App. 2017).
Damion Leqeuinn Lewis v. State of Mississippi, 215 So. 3d 994 (Miss. Ct. App. 2017).
— Miss. Code Ann. § 97-3-7(5) — 1 case
— Miss. Code Ann. § 97-3-7(5)(a) — 1 case
Clark v. State, 122 So. 3d 129 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 97-3-7(7) — 1 case
Collins v. Tallahatchie Cnty., 876 So. 2d 284 (Miss. 2004).
— Miss. Code Ann. § 97-3-7(9)(a) — 1 case
Marvin Kirk v. State of Mississippi, 160 So. 3d 685 (Miss. 2015).
— Miss. Code Ann. § 97-3-7(a) — 2 cases
Snowden v. State, 131 So. 3d 1251 (Miss. Ct. App. 2014). “2002), a defendant claimed that an indictment for aggravated assault was fatally defective because it did not specifically accuse him of violating subsection (2)(a) or (2)(b) of section 97-3-7. The Mississippi Supreme Court held that “it necessarily follows that [Stevens] was…”
Tory v. City of Edwards, 829 So. 2d 1246 (Miss. Ct. App. 2002).
— Miss. Code Ann. § 97-3-7(a)(1) — 1 case
— Miss. Code Ann. § 97-3-7(a)(2) — 1 case
Cameron Dwayne May v. State of Mississippi, 267 So. 3d 803 (Miss. Ct. App. 2018).
— Miss. Code Ann. § 97-3-7(a)(2)(i) — 1 case
Cameron Dwayne May v. State of Mississippi, 267 So. 3d 803 (Miss. Ct. App. 2018).
— Miss. Code Ann. § 97-3-7(a)(2)(ii) — 1 case
Cameron Dwayne May v. State of Mississippi, 267 So. 3d 803 (Miss. Ct. App. 2018).
— Miss. Code Ann. § 97-3-7(a)(i) — 1 case
— Miss. Code Ann. § 97-3-7(b) — 4 cases
Dequane Lomax v. State of Mississippi, 192 So. 3d 975 (Miss. 2016).
Snowden v. State, 131 So. 3d 1251 (Miss. Ct. App. 2014). “2002), a defendant claimed that an indictment for aggravated assault was fatally defective because it did not specifically accuse him of violating subsection (2)(a) or (2)(b) of section 97-3-7. The Mississippi Supreme Court held that “it necessarily follows that [Stevens] was…”
Chandler v. State, 196 So. 3d 1067 (Miss. Ct. App. 2016).
Taylor v. State, 930 So. 2d 1268 (Miss. Ct. App. 2005).
— Miss. Code Ann. § 97-3-7(l) — 2 cases
Buchanan v. State, 84 So. 3d 812 (Miss. Ct. App. 2011).
United States v. Reyes-Solano, 543 F.3d 474 (8th Cir. 2008).
— Miss. Code Ann. § 97-3-7(l)(a) — 16 cases
Hitt v. State, 988 So. 2d 939 (Miss. Ct. App. 2008).
Brooks v. State, 18 So. 3d 859 (Miss. Ct. App. 2008).
Edwards v. State, 124 So. 3d 105 (Miss. Ct. App. 2013).
Mark Matthews v. City of Madison, Mississippi, 143 So. 3d 579 (Miss. 2014).
— Miss. Code Ann. § 97-3-7(l)(a)(i) — 1 case
State of Mississippi v. Hattie Hawkins, 145 So. 3d 636 (Miss. 2014). “One can be found guilty of simple assault in several situations: 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…”
— Miss. Code Ann. § 97-3-7(l)(b) — 6 cases
State of Mississippi v. Hattie Hawkins, 145 So. 3d 636 (Miss. 2014). “One can be found guilty of simple assault in several situations: 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…”
Dequane Lomax v. State of Mississippi, 192 So. 3d 975 (Miss. 2016).
Bates v. State, 172 So. 3d 805 (Miss. Ct. App. 2014).
Ammons v. Baldwin, 705 F.2d 1445 (5th Cir. 1983).
Scott Herman Bates v. State of Mississippi, 172 So. 3d 695 (Miss. 2015).
— Miss. Code Ann. § 97-3-7(l)(c) — 3 cases
Brooks v. State, 18 So. 3d 859 (Miss. Ct. App. 2008).
In the Interest of S.B. v. State, 566 So. 2d 1276 (Miss. 1990).
Ramona Hillman v. Shelby Cnty., 515 F. App'x 365 (6th Cir. 2013).
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