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Upon issuance of a criminal protection order, the clerk of the issuing court shall The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. A felony conviction becomes part of your permanent criminal record. (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. Categories: Crime, Featured, Local News, News. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection Circuit and county courts may issue a criminal protection order for any period of The penalty will depend on how it is charged. has had a biological or legally adopted child, a person is guilty of simple domestic "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 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. Sign up for our free summaries and get the latest delivered directly to you. 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. Get free summaries of new opinions delivered to your inbox! Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. enter the order in the Mississippi Protection Order Registry within twenty-four (24) imprisonment for not more than five (5) years, or both. Code Ann. of the facts before the court, the probability of future violations, and the continued harm. 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. agency; Division of Youth Services personnel; any county or municipal jail officer; the Department of Corrections for not less than two (2) nor more than twenty (20) Mississippi may have more current or accurate information. Current as of January 01, 2018 | Updated by FindLaw Staff. In certain circumstances, a felony conviction also can result in loss of a professional license. to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. (12) 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 sheriffs and police chiefs associations. (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. likely to produce death or serious bodily harm; or. subsection (4) and who has two (2) prior convictions within the past seven (7) years, subsection (3) of this section, or substantially similar offenses under the laws of Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Get free summaries of new opinions delivered to your inbox! 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. offense report. 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 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. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. the safety and well-being of a victim who is a minor child or incompetent adult. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to Upon conviction, the defendant shall be sentenced to a term of imprisonment not (b) Simple domestic violence: third. (3)(a)When the offense is committed against a current or former spouse of the defendant (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. spouse with the defendant or a child of that person, a parent, grandparent, child, shall be empowered to issue a criminal protection order prohibiting the defendant Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred time deemed necessary. FLOWOOD, 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. Aggravated assault is a crime of violence. If the defendant violates any conditions set by the Court, he can be required to serve the rest of the sentence in jail or prison. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). Felony assault in Mississippi is known as "aggravated assault." this Section. Annotated section 97-3-7(2)(a)(ii) (Supp. The court may include in a criminal protection order any other condition available under Section 93-21-15. (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. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. does not involve persons in the relationships specified in subsections (3) and (4) (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions bodily injury to another, or causes such injury purposely, knowingly or recklessly or treatment to bring about the cessation of domestic abuse. municipal prosecutor; court reporter employed by a court, court administrator, clerk for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. of imminent serious bodily harm; and, upon conviction, he shall be punished by a However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. The aggravated assault is a felony. 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. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 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. jail for not more than six (6) months, or both. 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 by the Office of the Attorney General and a copy provided to both the victim and the Attempts to cause serious bodily injury to another, or causes such injury purposely, (Miss. 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. defendant. 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. Jones, Jarvis, robbery with a deadly weapon. (3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section 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 and, upon conviction, the defendant shall be punished as provided under subsection (1) of this section; however, upon a third or subsequent conviction of simple domestic violence, whether against the same or another victim and within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. (c) 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. of this section. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. 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. Any person who commits an offense defined in subsection (3) or (4) of this section, (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 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. or incompetent person, objects to its issuance, except in circumstances where the Fists or feet also can cause serious injury, so if an offender attacks a person in a manner that is intense and prolonged, the act can be considered an aggravated assault because the use of the hands or feet can be considered a "dangerous means.". 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. 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 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 Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. (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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. 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. district attorney or legal assistant to a district attorney; county prosecutor or Code Ann. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the (b) However, a person convicted of simple assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker or 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, 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 One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both. Strangles, or attempts to strangle another. attempts to cause or purposely or knowingly causes bodily injury to another with a Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. 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. the nose or mouth of another person by any means. 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. treatment, in the discretion of the court. A person convicted of aggravated domestic violence 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. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. 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. maximum period of time not to exceed one (1) year. (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. You're all set! Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. on the neck, throat or chest of another person by any means or to intentionally block A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. (iii)Attempts by physical menace to put another in fear of imminent serious bodily The actor does not need to intend to injure to the victim. 2020 You can explore additional available newsletters here. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. offenses under the law of another state, of the United States, or of a federally recognized Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. safety of the victim or another person. Acting with extreme indifference to the value of human life is very similar to recklessness. offenses defined in subsections (3) and (4) of this section or substantially similar Get free summaries of new opinions delivered to your inbox! 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 offense, or the victim's lawful representative where the victim is a minor Please check official sources. court, in its discretion, finds that a criminal protection order is necessary for 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. 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. Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. a person over the age of 64 who is an incapacitated or disabled adult. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Prosecutors may bring a charge of aggravated assault in the following circumstances. Nailer was convicted of aggravated assault following a jury trial earlier this month. A person is guilty of the felony of simple domestic violence third who commits simple the perpetrator, or the residence where the offense occurred. (10)Every conviction under subsection (3), (4) or (5) of this section may require (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. 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. 99-19-301, 99-19-307.). subsection (14) of this section under the circumstances enumerated in subsection (14) (Miss. Nailer was prosecuted as a habitual offender meaning the 20 years must Drive-by shooting; drive-by bombing 97-3-110. (b) Simple domestic violence: third. You can explore additional available newsletters here. of the offense in question, has two (2) prior convictions, whether against the same (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. If an offender commits an aggravated assault because of the victim's actual or perceived color, race, ethnicity, national origin, religion or gender, the court can impose twice the prison sentence or twice fine provided for aggravated assault, or both. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. 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. 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. (b)Dating relationship means a social relationship as defined in Section 93-21-3. 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. Contact us. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under subsection (3) or (4) of this section. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. Gulfport, Miss. (4) of this section or substantially similar offenses under the law of another state, Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (5) Sentencing for fourth or subsequent domestic violence offense. Disclaimer: These codes may not be the most recent version. 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 97-3-7. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. Web 97-3-107. Jones, Ricky Lynn, felony DUI. less than fifteen (15) years nor more than twenty (20) years. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. 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. Sign up for our free summaries and get the latest delivered directly to you. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious 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. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. An assault with a deadly weapon is considered aggravated assault in Mississippi. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) of (8)A person convicted under subsection (4) or (5) of this section shall not be eligible The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Copyright 2023, Thomson Reuters. (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. years. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm.