Mississippi (b)However, a person convicted of simple assault upon any of the persons listed in 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. Nailer was (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. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection 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 assault (Miss. Felony assault in Mississippi is known as "aggravated assault." 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. Nailer was convicted of aggravated assault following a jury trial earlier this month. The duration of a criminal protection order shall be based upon the seriousness On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Domestic Violence Law in MS - MCADV Circuit and county courts may issue a criminal protection order for any period of less than five (5) nor more than ten (10) years. 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. Get free summaries of new opinions delivered to your inbox! assault (c)Criminal protection orders shall be issued on the standardized form developed Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. 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. https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. 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. 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 (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. (5)Sentencing for fourth or subsequent domestic violence offense. A court in Mississippi can suspend all or a portion of a jail or prison sentence as long as the defendant successfully completes probation and/or any other conditions the court imposes. The defendant may be required to pay all or part of the cost of the counseling or 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. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. 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. or a child of that person, a person living as a spouse or who formerly lived as a 1 of 3. Aggravated Assault (b)Simple domestic violence: third. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or Contact us. Simple assault; aggravated assault; simple domestic violence; simple domestic violence violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 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. 99-19-301, 99-19-307.). (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. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. (Miss. (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. (iii) Strangles, or attempts to strangle another. (iii)Attempts by physical menace to put another in fear of imminent serious bodily 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. (b)Dating relationship means a social relationship as defined in Section 93-21-3. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Mississippi man already serving time for 2019 attempted murder of Less serious assaults are charged as misdemeanors. Cite this article: FindLaw.com - Mississippi Code Title 97. has had a biological or legally adopted child, a person is guilty of simple domestic 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. otherwise acting within the scope of his duty, office or employment; or. the nose or mouth of another person by any means. Circuit court docket continued from page 11A - djournal.com to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. 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 Assault 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. 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. accused of beating teenager, then dumping him utilize the form prescribed for such purposes by the Office of the Attorney General 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. 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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. (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. 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. (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. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. likely to produce death or serious bodily harm; or. months, or both. When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of simple domestic violence who: Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or. (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 sheriff's and police chief's associations. of the offense, or the victim's lawful representative where the victim is a minor aggravated assault Code 97-3-7, 97-3-25 (2020).) WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. The attorney listings on this site are paid attorney advertising. aggravated shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by The uniform offense report shall not be required if, upon investigation, the offense Upon conviction for a violation, the defendant shall be punished by a fine of not a person over the age of 64 who is an incapacitated or disabled adult. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. You're all set! harm. not more than six (6) months, or both. time deemed necessary. Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) nor more than twenty (20) years. has had a biological or legally adopted child, a person is guilty of aggravated domestic Mississippi may have more current or accurate information. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. (1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. the Department of Corrections for not less than two (2) nor more than twenty (20) 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. Mississippi may have more current or accurate information. (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. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. Mississippi 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. No bond set. 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. You can explore additional available newsletters here. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. The relevant part of his indictment, which did not Nailer was prosecuted as a habitual offender meaning the 20 years must Sign up for our free summaries and get the latest delivered directly to you. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. Acting with extreme indifference to the value of human life is very similar to recklessness. Attempts by physical menace to put another in fear of imminent serious bodily harm. knowingly or recklessly causes bodily injury to another; (ii) negligently causes 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. 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. of Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. Stay up-to-date with how the law affects your life. the safety and well-being of a victim who is a minor child or incompetent adult. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. Crimes 97-3-7. 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 2020 by the Office of the Attorney General and a copy provided to both the victim and the not be a defense to a crime charged under this section. WebAggravated 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, Web 97-3-107. (10) Every conviction under subsection (3), (4) or (5) of this section may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. Nailer was convicted of aggravated assault following a jury trial earlier this month. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 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. attempts to cause or purposely or knowingly causes bodily injury to another with a (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions 97-3-7 - Simple assault; aggravated assault; simple (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. or treatment to bring about the cessation of domestic abuse. Mississippi Code 97-3-7 (2019) - Simple assault; Web(2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances (4)(a)When the offense is committed against a current or former spouse of the defendant 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. jail for not more than six (6) months, or both. WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. 2014). Aggravated assault committed against a current or former spouse, a family member who resides or previously resided with the offender, a parent, grandparent, child, grandchild, or someone whom the offender is dating is aggravated domestic violence and can subject the offender to higher penalties under certain circumstances. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. If the victim was severely injured, the bail could be set (b) Dating relationship means a social relationship as defined in Section 93-21-3. another state, of the United States, or of a federally recognized Native American (iii) Strangles, or attempts to strangle another. 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. 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. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. Get free summaries of new opinions delivered to your inbox! (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. The Difference Between Aggravated Assault and Simple Assault Under Mississippi law, a person is guilty of simple assault if they knowingly or recklessly cause bodily injury to another. This can involve using a deadly weapon or creating fear of imminent serious bodily harm.

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