However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. A person is guilty of the felony of simple domestic violence third who commits simple domestic violence as defined in this subsection (3) and who, at the time of the commission of the offense in question, has two (2) prior convictions, whether against the same or another victim, within seven (7) years, for any combination of simple domestic violence under this subsection (3) or aggravated domestic violence as defined in subsection (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. Mississippi may have more current or accurate information. has had a biological or legally adopted child, a person is guilty of simple domestic The victim was taken to the hospital, where he is listed in stable but serious condition. Sign up for our free summaries and get the latest delivered directly to you. (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. (8) In any conviction of assault as described in any subsection of this section which arises from an incident of domestic violence, the sentencing order shall include the designation "domestic violence." However, municipal and justice courts may issue criminal protection orders for a The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. (b)However, a person convicted of aggravated assault upon any of the persons listed Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. Web(1) (a) 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 or another victim, within seven (7) years, for any combination of simple domestic Copyright 2023, Thomson Reuters. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. Crimes 97-3-7. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. The relevant part of his indictment, which did not (b)Simple domestic violence: third. or treatment to bring about the cessation of domestic abuse. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." of the offense, or the victim's lawful representative where the victim is a minor February 24, 2023 WXXV Staff BILOXI, Miss. less than fifteen (15) years nor more than twenty (20) years. 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. offenses under the law of another state, of the United States, or of a federally recognized This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. The duration of a criminal protection order shall be based upon the seriousness (4) of this section or substantially similar offenses under the law of another state, Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 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. 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. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. a deadly weapon or other means likely to produce death or serious bodily harm; or. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. (iii) Strangles, or attempts to strangle another. 97-3-7.) Code Ann. All rights reserved. You're all set! 99-19-301, 99-19-307.). A person is 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; and, upon conviction, he or she shall be punished by imprisonment in the county jail for not more than one (1) year or sentenced to the custody of the Department of Corrections for not more than twenty (20) years. A person convicted under subsection (4) or (5) of this section shall not be eligible for parole under the provisions of Section 47-7-3(1)(c) until he or she shall have served one (1) year of his or her sentence. Disclaimer: These codes may not be the most recent version. of the offense, living within either the residence of the victim, the residence of Under Mississippi law, a person commits an aggravated assault if he: Aggravated assault is a felony in Mississippi and potential punishments include up to one year in jail or up to sixty years in prison, depending on the victim's age, victim's occupation, and the intent of the offender. You're all set! more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for You already receive all suggested Justia Opinion Summary Newsletters. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. knowingly or recklessly under circumstances manifesting extreme indifference to the 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 person is guilty of aggravated domestic violence third who, at the time of the enter the order in the Mississippi Protection Order Registry within twenty-four (24) No bond set. Code Ann. whether against the same or another victim, for any combination of aggravated domestic the safety and well-being of a victim who is a minor child or incompetent adult. jail for not more than six (6) months, or both. WebIn Mississippi and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder and rape) have no statute of limitationsmeaning a criminal case can be filed at any time. bodily injury to another, or causes such injury purposely, knowingly or recklessly Get free summaries of new opinions delivered to your inbox! this Section. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred (b) However, a person convicted of aggravated assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker employed by the Department of Human Services or another agency, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, or 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, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender, while such statewide elected official, judge or justice, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker, youth detention center personnel, training school juvenile care worker, any county or municipal jail officer, superintendent, principal, teacher or other instructional personnel, school attendance officer, school bus driver, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender is acting within the scope of his duty, office or employment; (ii) upon a legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his duty, office or employment; or (iii) upon a person who is sixty-five (65) years of age or older or a person who is a vulnerable adult, as defined in Section 43-47-5, shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. Mississippi law designates several "special" victims including but not limited to: If a special victim is designated by his employment status, he must be performing his duties as an employee at the time of the assault. 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 ($1,000.00) or by imprisonment for not more than five (5) years, or both. violence under this subsection (3) or aggravated domestic violence as defined in subsection Serious bodily injury is more serious than a cut, scrape or bruise. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. of the United States, or of a federally recognized Native American tribe. What Are the Potential Consequences for Aggravated Assault Charges?Class 6 aggravated assault is the least severe aggravated assault charge, punishable by 18 months to three years in prison.Class 5 aggravated assault is punishable by two to four years in prison.Class 4 aggravated assault is punishable by four to eight years in prison.Class 3 aggravated assault is punishable by up to 15 years in prison.More items In sentencing under subsections (3), (4) and (5) of this section, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred. Upon conviction for a violation, the defendant shall be punished by a fine of not TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (Miss. (1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. 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: 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; 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. (1) (a) A person is guilty of simple assault if he or she (i) Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. (Miss. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. (b) Dating relationship means a social relationship as defined in Section 93-21-3. this Section. (8) A person convicted under subsection (4) or (5) of this section shall not be eligible for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. medical personnel; public health personnel; social worker, family protection specialist in consultation with the sheriff's and police chief's associations. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions person, as defined in Section 43-47-5. 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. (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. (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 simple domestic violence who: (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Jones, Ricky Lynn, felony DUI. (iii)Strangles, or attempts to strangle another. district attorney or legal assistant to a district attorney; county prosecutor or In some states, the information on this website may be considered a lawyer referral service. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 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 deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Any person who commits an offense defined in subsection (3) or (4) of this section, WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 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. less than five (5) nor more than ten (10) years. 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. 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. for charging under subsections (1)(b) and (2)(b) of this section: (a)When acting within the scope of his duty, office or employment at the time of "Means" refers to an object or to the use of the body. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. 99-37-3.) Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. Jones, Demarcus, FIPF, aggravated assault. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. 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. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. (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. by the Office of the Attorney General and a copy provided to both the victim and the The court may include in a criminal protection order any other condition available under Section 93-21-15. District Attorney W. Crosby Parker announced today that Michael David Wheeler, 51, of Biloxi, entered a guilty plea to two counts of Aggravated Assault of Law Enforcement Officers on Wednesday of this week. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. (14)Assault upon any of the following listed persons is an aggravating circumstance Simple assault; aggravated assault; simple domestic violence; simple domestic violence Do Not Sell or Share My Personal Information, Criminal Domestic Violence Laws in Mississippi, Do Not Sell or Share My Personal Information, attempts to cause serious bodily injury to another person, intentionally or recklessly causes serious bodily injury to another while acting with extreme indifference to human life, attempts or causes bodily injury to another person with a deadly weapon or by other means likely to cause death or serious bodily injury, or. Code Ann. Attempts by physical menace to put another in fear of imminent serious bodily harm. another state, of the United States, or of a federally recognized Native American Police charged 29-year-old Antonio Jerrod Coleman with two counts of aggravated assault, and 44-year-old Willard Fairley Jr. with one count of aggravated assault and one count of shooting into an occupied dwelling. Aggravated domestic violence; third.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.
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