grandchild or someone similarly situated to the defendant, a person who has a current offenses under the law of another state, of the United States, or of a federally recognized It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. (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. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure Contact us. (14)Assault upon any of the following listed persons is an aggravating circumstance You already receive all suggested Justia Opinion Summary Newsletters. If you are facing a charge of aggravated assault in Mississippi, an attorney can investigate the case and determine if you were wrongfully charged or there are other reasons why the case should be dismissed before trial. in consultation with the sheriff's and police chief's associations. WebA 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 convictions, whether against the same or different victims, for any combination of However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (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 ($1,000.00) or by imprisonment for not more than five (5) years, or both. or another victim, within seven (7) years, for any combination of simple domestic The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. the Department of Corrections for not less than two (2) nor more than twenty (20) Upon conviction, the defendant shall be sentenced to a term of imprisonment not An assault is an aggravated assault if the crime is committed with an object that is dangerous because of the way the object is used. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. Assault in Mississippi is defined as when a person (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes of Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. The penalty will depend on how it is charged. (b) However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. Categories: Crime, Featured, Local News, News. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. the safety and well-being of a victim who is a minor child or incompetent adult. (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. Simple and aggravated assault; simple and aggravated domestic violence. (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. You're all set! (5) Sentencing for fourth or subsequent domestic violence offense. 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. 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. of grandchild or someone similarly situated to the defendant, a person who has a current 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. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. Serious bodily injury is more serious than a cut, scrape or bruise. or former dating relationship with the defendant, or a person with whom the defendant Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. (10)Every conviction under subsection (3), (4) or (5) of this section may require 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. bodily injury to another with a deadly weapon or other means likely to produce death (b) Aggravated domestic violence; third. A Mississippi man is accused of beating up a teenager, then dumping him into a creek after promising the injured teen he would take him to a hospital. years. or serious bodily harm; or (iii) attempts by physical menace to put another in fear Published 3:37 pm Thursday, February 23, 2023 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. officer or school bus driver; any member of the Mississippi National Guard or United Indeed, aggravated assault can be charged as a lesser crime to a felonious 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. on the neck, throat or chest of another person by any means or to intentionally block (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. superintendent, principal, teacher or other instructional personnel, school attendance A felony conviction becomes part of your permanent criminal record. 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. of the offense, living within either the residence of the victim, the residence of (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. 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. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. (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. 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. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. or by imprisonment for not more than thirty (30) years, or both. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years; however, upon a third or subsequent conviction of aggravated 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 of not less than ten (10) nor more than twenty (20) years. (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. in subsection (14) of this section under the circumstances enumerated in subsection 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. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. (b)A criminal protection order shall not be issued against the defendant if the victim 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 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. 1 of 3. 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. (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. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. treatment, in the discretion of the court. 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. 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. 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. from any contact with the victim. 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. Finding it did not, the Supreme Court affirmed. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. (7) When investigating allegations of a violation of subsection (3) or (4) of this section, 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. https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. Code Ann. Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; 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 [] or treatment to bring about the cessation of domestic abuse. (b) 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. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. (c)Criminal protection orders shall be issued on the standardized form developed Annotated section 97-3-7(2)(a)(ii) (Supp. Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] by the Office of the Attorney General and a copy provided to both the victim and the Strangles, or attempts to strangle another. 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 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 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. Crimes 97-3-7. of imminent serious bodily harm; and, upon conviction, he shall be punished by 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. (Miss. The duration of a criminal protection order shall be based upon the seriousness If the offender is already a convicted felon, then the minimum sentence is ten years in prison. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. consider as an aggravating factor whether the crime was committed in the physical Stay up-to-date with how the law affects your life. 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. under Section 93-21-15. (b) Aggravated domestic violence; third. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. In sentencing, 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. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. a deadly weapon or other means likely to produce death or serious bodily harm; or. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions enter the order in the Mississippi Protection Order Registry within twenty-four (24) person, as defined in Section 43-47-5. (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. district attorney or legal assistant to a district attorney; county prosecutor or (iii) Strangles, or attempts to strangle another. (b)Simple domestic violence: third. (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 aggravated domestic violence who: (i) 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; (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. 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. (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. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. 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. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (5)Sentencing for fourth or subsequent domestic violence offense. The victim was taken to the hospital, where he is listed in stable but serious condition. 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 please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. 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 (b) A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victims 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. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 2014). Nailer was prosecuted as a habitual offender meaning the 20 years must 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. While states define and penalize aggravated assault differently, most punish these crimes (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. Aggravated assault is a crime of violence. medical personnel; public health personnel; social worker, family protection specialist 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. (11) of this section, whether or not an arrest results, law enforcement officers shall spouse with the defendant or a child of that person, a parent, grandparent, child,