aggravated assault mississippi aggravated assault mississippi

It could be as high as a 15 year maximum sentence. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred has had a biological or legally adopted child, a person is guilty of simple domestic shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by The court may include in a criminal protection order any other condition available under Section 93-21-15. or a child of that person, a person living as a spouse or who formerly lived as a (10)Every conviction under subsection (3), (4) or (5) of this section may require as a condition of any suspended sentence that the defendant participate in counseling Upon conviction for aggravated domestic violence third, the defendant shall be sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. (a) 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, a person is guilty of aggravated domestic violence who: (i) Attempts to cause serious bodily injury to another, or causes such an 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. Crimes 97-3-7. of the offense, or the victim's lawful representative where the victim is a minor violence under this subsection (4) or simple domestic violence third as defined in (a) Upon conviction under subsection (3), (4) or (5) of this section, the court shall be empowered to issue a criminal protection order prohibiting the defendant from any contact with the victim. A Mississippi man already serving time for the attempted murder of a Jefferson Davis County deputy in 2019 was found guilty of aggravated assault in a 2015 incident. the nose or mouth of another person by any means. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court You need to hire an attorney immediately. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. Simple assault; aggravated assault; simple domestic violence; simple domestic violence District Attorney W. Crosby Parker announced that Billy Shannell Nailer, Jr., age 50, of Biloxi, was sentenced today to the maximum 20 years day-for-day for aggravated assault. 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, a person is guilty of simple domestic violence who: Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or. Aggravated assault committed against a current or former spouse, a family member who resides or previously resided with the offender, a parent, grandparent, child, grandchild, or someone whom the offender is dating is aggravated domestic violence and can subject the offender to higher penalties under certain circumstances. Read more It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. 2020 Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. causes injury to a child who is in the process of boarding or exiting a school bus if the offender has failed to stop for the bus according to traffic laws. Jones, Johnnie, SCS (alprazolam). shall be empowered to issue a criminal protection order prohibiting the defendant Upon issuance of a criminal protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. spouse with the defendant or a child of that person, a parent, grandparent, child, (12)When investigating allegations of a violation of subsection (3), (4), (5) or WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. (5)Sentencing for fourth or subsequent domestic violence offense. Web(2) (a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. district attorney or legal assistant to a district attorney; county prosecutor or this Section. (b) However, a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both. utilize the form prescribed for such purposes by the Office of the Attorney General youth court or a judge of the Court of Appeals or a justice of the Supreme Court; Prosecutors may bring a charge of aggravated assault in the following circumstances. Please check official sources. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. (a) "Strangle" means 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. The relevant part of his indictment, which did not domestic violence as defined in this subsection (3) and who, at the time of the commission Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. However, a simple assault charge can be upgraded to an aggravated one if the victim was a special victim, such as an emergency service provider, law enforcement, senior adults, and others. 2016). 97-3-7.) Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. 99-37-3.) The uniform offense report shall not be required if, upon investigation, the offense does not involve persons in the relationships specified in subsections (3) and (4) of this section. Aggravated assault against one of these special victims is punishable by up to thirty years in prison, a fine of up to $5,000, or both. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. (c)Criminal protection orders shall be issued on the standardized form developed Since no two situations are the same, its important to speak with a (b) Simple domestic violence: third. Assault upon any of the following listed persons is an aggravating circumstance for charging under subsections (1)(b) and (2)(b) of this section: When acting within the scope of his or her duty, office or employment at the time of the assault: a statewide elected official; law enforcement officer; fireman; emergency medical personnel; health care provider; employees of a health care provider or health care facility; 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; 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 or a judge of the Court of Appeals or a justice of the Supreme Court; district attorney or legal assistant to a district attorney; county prosecutor or municipal prosecutor; court reporter employed by a court, court administrator, clerk or deputy clerk of the court; public defender; or utility worker; A legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his or her duty, office or employment; or. the safety and well-being of a victim who is a minor child or incompetent adult. Nailer was convicted of aggravated assault following a jury trial earlier this month. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. Upon issuance of a criminal protection order, the clerk of the issuing court shall Serious bodily injury is more serious than a cut, scrape or bruise. For example, biting off part of a victim's ear could be considered serious bodily injury. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. (6) In sentencing under subsections (3), (4) and (5) of this section, 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. Assault in Mississippi is defined as when a person (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. The attorney listings on this site are paid attorney advertising. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions A person who is convicted of simple assault in Mississippi can be sentenced to up to six months in jail, fined up to $500, or both. in subsection (14) of this section under the circumstances enumerated in subsection (b) Aggravated domestic violence; third. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means A person convicted of aggravated assault in Mississippi can be required to pay restitution up to $5,000, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling or repair or replacement of damaged property. The court may include in a criminal protection order any other condition available under Section 93-21-15. (4) of this section or substantially similar offenses under the law of another state, Published 3:37 pm Thursday, February 23, 2023 Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. Upon conviction, the defendant shall be punished by imprisonment in the custody of A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. Six people were fatally shot Friday at multiple locations in a small town in rural Mississippi near the Tennessee state line, and authorities blamed a lone suspect who was arrested and charged with murder. If you are facing a charge of aggravated assault in Mississippi, an attorney can investigate the case and determine if you were wrongfully charged or there are other reasons why the case should be dismissed before trial. 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. consider as an aggravating factor whether the crime was committed in the physical 2014). Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. subsection (14) of this section under the circumstances enumerated in subsection (14) or treatment to bring about the cessation of domestic abuse. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. You already receive all suggested Justia Opinion Summary Newsletters. offense report. (c) Criminal protection orders shall be issued on the standardized form developed by the Office of the Attorney General and a copy provided to both the victim and the defendant. A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victim's lawful representative where the victim is a minor or incompetent person, objects to its issuance, except in circumstances where the court, in its discretion, finds that a criminal protection order is necessary for the safety and well-being of a victim who is a minor child or incompetent adult. or by imprisonment for not more than thirty (30) years, or both. In certain circumstances, a felony conviction also can result in loss of a professional license. not be a defense to a crime charged under this section. You're all set! grandchild or someone similarly situated to the defendant, a person who has a current likely to produce death or serious bodily harm; or. The uniform offense report shall not be required if, upon investigation, the offense does not involve persons in the relationships specified in subsections (3) and (4) of this section. A felony conviction becomes part of your permanent criminal record. If the charges are not dismissed, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf, or he will prepare a defense and represent you at trial. (2) (a) A person is guilty of aggravated assault if he (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; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. The duration of a criminal protection order shall be based upon the seriousness We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. No bond set. Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) nor more than twenty (20) years. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious WebAn assault is an aggravated assault if the offender causes or attempts to cause a broken bone, disfigurement, loss of a limb, a serious head injury, or an injury that requires surgery A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. of this section. Aggravated assault is an intentional or reckless assault which results in serious bodily injury to another, results in the death of another, involved a deadly weapon, or involved strangulation or attempted strangulation. If a person commits an aggravated assault, then they could be charged with a Class C or Class D felony, depending on whether the act was intentional or reckless. a person over the age of 64 who is an incapacitated or disabled adult. (2) (a) A person is guilty of aggravated assault if he (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 For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. A person is guilty of aggravated domestic violence third who, at the time of the commission of that offense, commits aggravated domestic violence as defined in this subsection (4) and who has two (2) prior convictions within the past seven (7) years, whether against the same or another victim, for any combination of aggravated domestic violence under this subsection (4) or simple domestic violence third as defined in subsection (3) of this section, or substantially similar offenses under the laws of another state, of the United States, or of a federally recognized Native American tribe. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . If the offender is already a convicted felon, then the minimum sentence is ten years in prison. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county (6) In sentencing under subsections (3), (4) and (5) of this section, 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. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. order. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Get free summaries of new opinions delivered to your inbox! (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections less than fifteen (15) years nor more than twenty (20) years. (14) Assault upon any of the following listed persons is an aggravating circumstance for charging under subsections (1)(b) and (2)(b) of this section: (a) When acting within the scope of his or her duty, office or employment at the time of the assault: a statewide elected official; law enforcement officer; fireman; emergency medical personnel; health care provider; employees of a health care provider or health care facility; 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; 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 or a judge of the Court of Appeals or a justice of the Supreme Court; district attorney or legal assistant to a district attorney; county prosecutor or municipal prosecutor; court reporter employed by a court, court administrator, clerk or deputy clerk of the court; public defender; or utility worker; (b) A legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his or her duty, office or employment; or. the perpetrator, or the residence where the offense occurred. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. (11) of this section, whether or not an arrest results, law enforcement officers shall Web 97-3-107. (b) Simple domestic violence: third. knowingly or recklessly under circumstances manifesting extreme indifference to the Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Nailer was convicted of aggravated assault following a jury trial earlier this month. (b)However, a person convicted of simple assault upon any of the persons listed in (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. You're all set! violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, (iii)Attempts by physical menace to put another in fear of imminent serious bodily safety of the victim or another person. However, municipal and justice courts may issue criminal protection orders for a Code Ann. An assault is an aggravated assault if the offender causes or attempts to cause a broken bone, disfigurement, loss of a limb, a serious head injury, or an injury that requires surgery and/or hospitalization. Discriminatory Intent Enhancement A person is guilty of the felony of simple domestic violence third who commits simple or former dating relationship with the defendant, or a person with whom the defendant of (4) (a) 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, a person is guilty of aggravated domestic violence who: (i) Attempts to cause serious bodily injury to another, or causes such an 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. Jones, Ricky Lynn, felony DUI. (7) When investigating allegations of a violation of subsection (3) or (4) of this section, law enforcement officers shall utilize the form prescribed for such purposes by the Office of the Attorney General in consultation with the sheriff's and police chief's associations. the assault: a statewide elected official; law enforcement officer; fireman; emergency (iii) Strangles, or attempts to strangle another. causes any injury to a child who is in the process of boarding or exiting a school Sign up for our free summaries and get the latest delivered directly to you. A Mississippi man already serving time for the attempted murder of a Jefferson Davis County deputy in 2019 was found guilty of aggravated assault in a 2015 (10) Every conviction under subsection (3), (4) or (5) of this section may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. or incompetent person, objects to its issuance, except in circumstances where the person, as defined in Section 43-47-5. (10) Every conviction under subsection (3), (4) or (5) of this section may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. and who, at the time of the commission of that offense, has at least three (3) previous by the Office of the Attorney General and a copy provided to both the victim and the The actor does not need to intend to injure to the victim. As a first offender, actual time served would be much lower. Any person who commits an offense defined in subsection (3) or (4) of this section, and who, at the time of the commission of that offense, has at least three (3) previous convictions, whether against the same or different victims, for any combination of offenses defined in subsections (3) and (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe, shall, upon conviction, be sentenced to imprisonment for not less than fifteen (15) years nor more than twenty (20) years. Nailer was prosecuted as a habitual offender meaning the 20 years must of the United States, or of a federally recognized Native American tribe. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. (b) A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victims lawful representative where the victim is a minor or incompetent person, objects to its issuance, except in circumstances where the court, in its discretion, finds that a criminal protection order is necessary for the safety and well-being of a victim who is a minor child or incompetent adult. Note that under Mississippi's aggravated assault statute, if a person commits an assault with a deadly weapon or by dangerous means, he need only intend minor injury and whether injury actually results is irrelevant. Simple and aggravated assault; simple and aggravated domestic violence on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. An assault is an aggravated assault if the crime is committed with an object that is dangerous because of the way the object is used. The duration of a criminal protection order shall be based upon the seriousness of the facts before the court, the probability of future violations, and the continued safety of the victim or another person. Stay up-to-date with how the law affects your life. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. Contact us. bodily injury to another, or causes such injury purposely, knowingly or recklessly Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.