Oxford, MS asked in Criminal Law for Mississippi

Q: Can I press charges against someone that I felt threatened by and took to the ground in self defense?

I had some friends over and my neighbor started screaming and cursing at them because my lady friend said "what". I came out trying to stop fight amd he got in my face and chest bumped me so i took him to the ground. Hes pressed charges on me for simple assault because i took him to the ground. However he always carries a gun and i felt threatened. What if anything can i do because I cant afford a lawyer

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1 Lawyer Answer
Kevin Stewart
Kevin Stewart
  • Criminal Law Lawyer
  • Flowood, MS
  • Licensed in Mississippi

A: Yes, you can certainly go to the local municipal or justice court and request to file an affidavit against the individual. Simple assault is defined in Mississippi Code 97-3-7 and here is a summary:

Simple Assault (misdemeanor) – Up to $500 and/or 6 months jail

• Elements of the crime:

o Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another;

o Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or

o Attempts by physical menace to put another in fear of imminent serious bodily harm

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