Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. (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. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. spouse with the defendant or a child of that person, a parent, grandparent, child, law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. Get free summaries of new opinions delivered to your inbox! agency; Division of Youth Services personnel; any county or municipal jail officer; (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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (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. grandchild or someone similarly situated to the defendant, a person who has a current Weband his son. (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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. 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 duration of a criminal protection order shall be based upon the seriousness You're all set! Less serious assaults are charged as misdemeanors. Prosecutors may bring a charge of aggravated assault in the following circumstances. (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. (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 are here), This site is protected by reCAPTCHA and the Google, Go to previous versions (iii) Strangles, or attempts to strangle another. of the offense, or the victim's lawful representative where the victim is a minor 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. (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 the offense in question, has two (2) prior convictions, whether against the same Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. "Means" refers to an object or to the use of the body. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. The court may include in a criminal protection order any other condition available under Section 93-21-15. Felony assault in Mississippi is known as "aggravated assault." or treatment to bring about the cessation of domestic abuse. Discriminatory Intent Enhancement Published 3:37 pm Thursday, February 23, 2023 violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. (b)A criminal protection order shall not be issued against the defendant if the victim (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections You already receive all suggested Justia Opinion Summary Newsletters. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious maximum period of time not to exceed one (1) year. spouse with the defendant or a child of that person, a parent, grandparent, child, (iii) Strangles, or attempts to strangle another. In certain circumstances, a felony conviction also can result in loss of a professional license. The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a or serious bodily harm; or (iii) attempts by physical menace to put another in fear 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, (b)Dating relationship means a social relationship as defined in Section 93-21-3. 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. (Miss. All rights reserved. (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) Upon conviction for a violation, the defendant shall be punished by a fine of not Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Cite this article: FindLaw.com - Mississippi Code Title 97. No bond set. (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. Read more You can explore additional available newsletters here. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. A 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. 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. The court may include in a criminal protection order any other condition available under Section 93-21-15. The actor does not need to intend to injure to the victim. (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. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. 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. 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 otherwise acting within the scope of his duty, office or employment; or. 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. Simple domestic violence: third.A person is guilty of the felony of simple domestic violence third who commits simple domestic violence as defined in this subsection (3) and who, at the time of the commission of the offense in question, has two (2) prior convictions, whether against the same or another victim, within seven (7) years, for any combination of simple domestic violence under this subsection (3) or aggravated domestic violence as defined in subsection (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. "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. (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. the perpetrator, or the residence where the offense occurred. 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 more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for 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 by the Office of the Attorney General and a copy provided to both the victim and the You need to hire an attorney immediately. 2014). (11) of this section, whether or not an arrest results, law enforcement officers shall 1 of 3. A felony conviction becomes part of your permanent criminal record. (4) of this section or substantially similar offenses under the law of another state, In some states, the information on this website may be considered a lawyer referral service. 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. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." or a child of that person, a person living as a spouse or who formerly lived as a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) Attempts to cause serious bodily injury to another, or causes such injury purposely, Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. municipal prosecutor; court reporter employed by a court, court administrator, clerk The attorney listings on this site are paid attorney advertising. years. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. or a child of that person, a person living as a spouse or who formerly lived as a 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 (1) (a) A person is guilty of simple assault if he or she (i) to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. (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. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. 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. less than five (5) nor more than ten (10) years. in subsection (14) of this section under the circumstances enumerated in subsection (12)When investigating allegations of a violation of subsection (3), (4), (5) or No bond set. not more than six (6) months, or both. medical personnel; public health personnel; social worker, family protection specialist 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. Fifteenth Circuit Court District Attorney Hal Kittrell announced that on Feb. 14, Timothy Dewayne Taylor, 42, of Prentiss, was found guilty by a Jefferson Davis County jury. The court may include in a criminal protection order any other condition available https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. 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.". However, failure of law enforcement to utilize the uniform offense report shall The court may include in a criminal protection order any other condition available under Section 93-21-15. (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable (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 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. Web 97-3-107. (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. 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. (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. The defendant may be required to pay all or part of the cost of the counseling or Nailer was convicted of aggravated assault following a jury trial earlier this month. court, in its discretion, finds that a criminal protection order is necessary for (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, 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. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible February 24, 2023 WXXV Staff BILOXI, Miss. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. jail for not more than six (6) months, or both. (6) Every conviction of domestic violence 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 prosecuted as a habitual offender meaning the 20 years must please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. (b) Aggravated domestic violence; third. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. enter the order in the Mississippi Protection Order Registry within twenty-four (24)

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