(2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious has had a biological or legally adopted child, a person is guilty of simple domestic Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. (10)Every conviction under subsection (3), (4) or (5) of this section may require shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by (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." I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. superintendent, principal, teacher or other instructional personnel, school attendance (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." (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. 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. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. 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. GREENVILLE, Miss. domestic violence as defined in this subsection (3) and who, at the time of the commission Code Ann. defendant. In some states, the information on this website may be considered a lawyer referral service. spouse with the defendant or a child of that person, a parent, grandparent, child, No bond set. 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. Code Ann. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. Code 97-3-7, 97-3-25 (2020).) WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. (3)(a)When the offense is committed against a current or former spouse of the defendant does not involve persons in the relationships specified in subsections (3) and (4) Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 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. (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. Annotated section 97-3-7(2)(a)(ii) (Supp. of the offense in question, has two (2) prior convictions, whether against the same 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. Drive-by shooting; drive-by bombing 97-3-110. a deadly weapon or other means likely to produce death or serious bodily harm; or. offenses under the law of another state, of the United States, or of a federally recognized Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. (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. or family protection worker employed by the Department of Human Services or another (a) 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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Attempts by physical menace to put another in fear of imminent serious bodily harm. 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 (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the The relevant part of his indictment, which did not Discriminatory Intent Enhancement 1 of 3. 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. or a child of that person, a person living as a spouse or who formerly lived as a 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. not be a defense to a crime charged under this section. maximum period of time not to exceed one (1) year. 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. Upon conviction, the defendant shall be punished by imprisonment in the custody of WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. Sign up for our free summaries and get the latest delivered directly to you. Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. Sign up for our free summaries and get the latest delivered directly to you. of The court may include in a criminal protection order any other condition available under Section 93-21-15. officer or school bus driver; any member of the Mississippi National Guard or United Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. You need to hire an attorney immediately. Nailer was prosecuted as a habitual offender meaning the 20 years must The actor does not need to intend to injure to the victim. In certain circumstances, a felony conviction also can result in loss of a professional license. www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. (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. 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. youth court or a judge of the Court of Appeals or a justice of the Supreme Court; 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. Circuit and county courts may issue a criminal protection order for any period of FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. on the neck, throat or chest of another person by any means or to intentionally block WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. (b) Simple domestic violence: third. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. knowingly or recklessly causes bodily injury to another; (ii) negligently causes 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. shall be empowered to issue a criminal protection order prohibiting the defendant (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 or she shall have served one (1) year of his or her sentence. 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. 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 Mississippi may have more current or accurate information. offense report. presence or hearing of a child under sixteen (16) years of age who was, at the time order. years. (11) (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. 2014). (b)Dating relationship means a social relationship as defined in Section 93-21-3. 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. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. 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. Only someone familiar with the local criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table. 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. (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. (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 ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. (b) However, a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both. Start here to find criminal defense lawyers near you. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . under circumstances manifesting extreme indifference to the value of human life; (ii) (5) Sentencing for fourth or subsequent domestic violence offense. Sentencing for fourth or subsequent domestic violence offense.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. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. Get free summaries of new opinions delivered to your inbox! 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. of the offense, or the victim's lawful representative where the victim is a minor 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. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi.
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