What is assault with a deadly weapon?

On Behalf of | Mar 5, 2024 | Criminal Law |

Assault charges can fall into various categories. It often depends on the circumstances of the situation.

Anyone facing an accusation of assault should clarify the exact charge. For example, assault with a deadly weapon is a more serious offense than simple assault under Mississippi law. When it comes to this aggravated assault charge, the potential consequences can be much higher.

Definition of assault

Assault with a deadly weapon occurs when someone intentionally or recklessly causes or attempts to cause bodily harm to another person using a weapon that could cause death or serious injury. Deadly weapons include firearms, knives or any object capable of inflicting severe harm.

The law takes this type of assault seriously because it not only endangers the person facing attack but also puts others nearby at risk. In addition, it can lead to fatal physical injuries.

Possible consequences

The severity of the punishment for a conviction depends on various factors. The court will consider the extent of harm caused, the defendant’s criminal history and whether this was a premeditated attack.

Potential penalties for this crime may include an enhanced fine of up to $5,000 and a prison sentence of up to 30 years. A person may also have to serve probation or community service.

In addition to criminal penalties, individuals may also face civil lawsuits. The court may award monetary damages to the injured party for medical expenses, lost wages, pain and suffering and other losses that result from the assault.

The legal process for assault with a deadly weapon cases in Mississippi typically begins with an arrest. The person will then face the formal charges in court. They will have a chance to plead at that time, but the opportunity to present a defense will come later at trial.