shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Discriminatory Intent Enhancement (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. imprisonment for not more than five (5) years, or both. (b) However, a person convicted of aggravated 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 Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." 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. (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 if the person is: (a) A statewide elected official; law enforcement officer; fireman; emergency medical personnel; public health personnel; social worker, family protection specialist or 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 or school bus driver; 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; or public defender when that person is acting within the scope of his duty, office or employment; (b) 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. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure 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. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. deadly weapon or other means likely to produce death or serious bodily harm; or (iii) (b)However, a person convicted of simple assault upon any of the persons listed in Code 97-3-7, 97-3-25 (2020).) value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) Nailer was prosecuted as a habitual offender meaning the 20 years must Simple domestic violence: third.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. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. years. subsection (4) and who has two (2) prior convictions within the past seven (7) years, Please check official sources. A person is guilty of aggravated domestic violence third who, at the time of the commission of that offense, commits aggravated domestic violence as defined in this subsection (4) and who has two (2) prior convictions within the past seven (7) years, whether against the same or another victim, for any combination of aggravated domestic violence under this subsection (4) or simple domestic violence third as defined in subsection (3) of this section, or substantially similar offenses under the laws of another state, of the United States, or of a federally recognized Native American tribe. You already receive all suggested Justia Opinion Summary Newsletters. not more than six (6) months, or both. In certain circumstances, a felony conviction also can result in loss of a professional license. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Get free summaries of new opinions delivered to your inbox! Jones, Ricky Lynn, felony DUI. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Proof that the offender intentionally attacked another is all that the prosecutor needs for a conviction for aggravated assault if a weapon or dangerous means is involved. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (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." This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. Fifteenth Circuit Court District Attorney Hal Kittrell announced that on Feb. 14, Timothy Dewayne Taylor, 42, of Prentiss, was found guilty by a Jefferson Davis County jury. the perpetrator, or the residence where the offense occurred. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. 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. Copyright 2023, Thomson Reuters. of the facts before the court, the probability of future violations, and the continued (14)Assault upon any of the following listed persons is an aggravating circumstance 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. The attorney listings on this site are paid attorney advertising. 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. (11) of this section, whether or not an arrest results, law enforcement officers shall FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. Prosecutors may bring a charge of aggravated assault in the following circumstances. Sign up for our free summaries and get the latest delivered directly to you. Disclaimer: These codes may not be the most recent version. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. as a condition of any suspended sentence that the defendant participate in counseling Mississippi may have more current or accurate information. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 1 of 3. 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. Start here to find criminal defense lawyers near you. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. of 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. of the offense, living within either the residence of the victim, the residence of Lincoln County deputies arrested 34-year-old Beau Logan Stewart Saturday on felony charges of aggravated assault as well as two misdemeanor charges of simple assault by menacing to [] Stalking; aggravated stalking; penalties; definitions 97-3-109. Web 97-3-107. (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. WebA 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 For the purposes of this section, "strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck or throat of another person by any means or to intentionally block the nose or mouth of another person by any means. this Section. 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. (b) 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. Categories: Crime, Featured, Local News, News. You can explore additional available newsletters here. Jones, Johnnie, SCS (alprazolam). When investigating allegations of a violation of subsection (3), (4), (5) or (11) of this section, whether or not an arrest results, 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. "Means" refers to an object or to the use of the body. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform An assault with a deadly weapon is considered aggravated assault in Mississippi. attempts to cause or purposely or knowingly causes bodily injury to another with a (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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the Acting with extreme indifference to the value of human life is very similar to recklessness. (c)Criminal protection orders shall be issued on the standardized form developed (Miss. 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. of this section. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (b)Simple domestic violence: third. (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. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Nailer was convicted of aggravated assault following a jury trial earlier this month. Nailer was less than fifteen (15) years nor more than twenty (20) years. (iii)Strangles, or attempts to strangle another. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. No bond set. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Cite this article: FindLaw.com - Mississippi Code Title 97. 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. (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 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 or she shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or Any person who commits an offense defined in subsection (3) or (4) of this section, and who, at the time of the commission of that offense, has at least three (3) previous convictions, whether against the same or different victims, for any combination of offenses defined in subsections (3) and (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe, shall, upon conviction, be sentenced to imprisonment for not less than fifteen (15) years nor more than twenty (20) years. While aggravated assault is on a list of thirteen offenses in which the charged person cannot be bailed, however, the charged person can be released on bond depending on the judge. Furthermore, the sentence tends to lean on a minimum of one year to a maximum of twenty. (b) Simple domestic violence: third. this Section. a person over the age of 64 who is an incapacitated or disabled adult. (12)When investigating allegations of a violation of subsection (3), (4), (5) or He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. You already receive all suggested Justia Opinion Summary Newsletters. A motor vehicle, a rope, a pair of steel boots, and a stick are all objects that can be used in a manner that is likely to cause serious injury. commission of that offense, commits aggravated domestic violence as defined in this Gulfport, Miss. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. WebAggravated Assault Mississippi Gulfport Top Gulfport, MS Aggravated Assault Lawyers Near You Butler Snow LLP Aggravated Assault Lawyers | Gulfport Office 1300 25th Avenue, Suite 204, PO Drawer 4248, Gulfport, MS 39502 Boyce Holleman & Associates Aggravated Assault Lawyers | Gulfport Office in consultation with the sheriff's and police chief's associations. (3) (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. another state, of the United States, or of a federally recognized Native American (b) Simple domestic violence: third. (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 The duration of a criminal protection order shall be based upon the seriousness 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. Jones, Demarcus, FIPF, aggravated assault. The uniform offense report shall not be required if, upon investigation, the offense (b)A criminal protection order shall not be issued against the defendant if the victim spouse with the defendant or a child of that person, a parent, grandparent, child, Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. 2020 The court may include in a criminal protection order any other condition available under Section 93-21-15. Annotated section 97-3-7(2)(a)(ii) (Supp. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. 99-37-3.) 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.