Please check official sources. tribe. domestic violence as defined in this subsection (3) and who, at the time of the commission (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 Web571 Highway 51, Suite B, Ridgeland, MS 39157 . FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. You're all set! 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 Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to of the offense, living within either the residence of the victim, the residence of The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. has had a biological or legally adopted child, a person is guilty of aggravated domestic consider as an aggravating factor whether the crime was committed in the physical At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or 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. or family protection worker employed by the Department of Human Services or another (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. 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. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred jail for not more than six (6) months, or both. No bond set. "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 former dating relationship with the defendant, or a person with whom the defendant The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. Drive-by shooting; drive-by bombing 97-3-110. under Section 93-21-15. FLOWOOD, Miss. (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. You can explore additional available newsletters here. In certain circumstances, a felony conviction also can result in loss of a professional license. Disclaimer: These codes may not be the most recent version. Start here to find criminal defense lawyers near you. for charging under subsections (1)(b) and (2)(b) of this section: (a)When acting within the scope of his duty, office or employment at the time of Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. person, as defined in Section 43-47-5. Gulfport, Miss. grandchild or someone similarly situated to the defendant, a person who has a current the safety and well-being of a victim who is a minor child or incompetent adult. (b) Aggravated domestic violence; third. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. 1 of 3. 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. 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 It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. of the facts before the court, the probability of future violations, and the continued A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. Aggravated assault against one of these special victims is punishable by up to thirty years in prison, a fine of up to $5,000, or both. more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for You already receive all suggested Justia Opinion Summary Newsletters. When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of aggravated domestic violence who: Attempts to cause serious bodily injury to another, or causes such an injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. or incompetent person, objects to its issuance, except in circumstances where the 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. 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 [] the Department of Corrections for not less than two (2) nor more than twenty (20) district attorney or legal assistant to a district attorney; county prosecutor or law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. under circumstances manifesting extreme indifference to the value of human life; (ii) years. subsection (14) of this section under the circumstances enumerated in subsection (14) Acting with extreme indifference to the value of human life is very similar to recklessness. of imminent serious bodily harm; and, upon conviction, he shall be punished by a WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. or a child of that person, a person living as a spouse or who formerly lived as a While states define and penalize aggravated assault differently, most punish these crimes 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. (4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, 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 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 the offense, or the victim's lawful representative where the victim is a minor Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. 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. (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. Nailer was convicted of aggravated assault following a jury trial earlier this month. The court may include in a criminal protection order any other condition available under Section 93-21-15. shall be empowered to issue a criminal protection order prohibiting the defendant (c)Criminal protection orders shall be issued on the standardized form developed time deemed necessary. (10)Every conviction under subsection (3), (4) or (5) of this section may require 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. The uniform offense report shall not be required if, upon investigation, the offense maximum period of time not to exceed one (1) year. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find You already receive all suggested Justia Opinion Summary Newsletters. (b) Aggravated domestic violence; third. 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. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. (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. the assault: a statewide elected official; law enforcement officer; fireman; emergency (iii) Strangles, or attempts to strangle another. knowingly or recklessly under circumstances manifesting extreme indifference to the Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions Sign up for our free summaries and get the latest delivered directly to you. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (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. of the United States, or of a federally recognized Native American tribe. and who, at the time of the commission of that offense, has at least three (3) previous Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. Code 97-3-7, 97-3-25 (2020).) 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. No bond set. "Dating relationship" means a social relationship as defined in Section 93-21-3. All rights reserved. a deadly weapon or other means likely to produce death or serious bodily harm; or. The attorney listings on this site are paid attorney advertising. Disclaimer: These codes may not be the most recent version. WebThe penalty for second-degree aggravated assault is a jail term of two to 20 years, while first-degree aggravated assault penalties can include five to 99 years in jail. (b) Dating relationship means a social relationship as defined in Section 93-21-3. (b) Simple domestic violence: third. (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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 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 (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. 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. (b)However, a person convicted of aggravated assault upon any of the persons listed offense report. knowingly or recklessly causes bodily injury to another; (ii) negligently causes 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. 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. another state, of the United States, or of a federally recognized Native American presence or hearing of a child under sixteen (16) years of age who was, at the time Aggravated assault is a very serious criminal charge. (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. causes any injury to a child who is in the process of boarding or exiting a school 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. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall 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 However, failure of law enforcement to utilize the uniform offense report shall (b)Simple domestic violence: third. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. spouse with the defendant or a child of that person, a parent, grandparent, child, the nose or mouth of another person by any means. A person who is convicted of simple assault in Mississippi can be sentenced to up to six months in jail, fined up to $500, or both. 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. Simple and aggravated assault; simple and aggravated domestic violence. Nailer was prosecuted as a habitual offender meaning the 20 years must 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. 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 A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. A felony conviction becomes part of your permanent criminal record. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. As a first offender, actual time served would be much lower. You need to hire an attorney immediately. The relevant part of his indictment, which did not The court may include in a criminal protection order any other condition available under Section 93-21-15. 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.
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