shall be empowered to issue a criminal protection order prohibiting the defendant The court may include in a criminal protection order any other condition available under Section 93-21-15. Mississippi Code 97-3-7 (2020) - Simple assault; Police charged 29-year-old Antonio Jerrod Coleman with two counts of aggravated assault, and 44-year-old Willard Fairley Jr. with one count of aggravated assault and one count of shooting into an occupied dwelling. 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. Jones, Demarcus, FIPF, aggravated assault. Mississippi All rights reserved. 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. 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. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (10)Every conviction under subsection (3), (4) or (5) of this section may require Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to (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 A person is guilty of aggravated domestic violence third who, at the time of the Aggravated Assault | Jackson Criminal Lawyer Coxwell & Associates Aggravated Assault 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. 97-3-7 - Simple assault; aggravated assault; simple of the offense, or the victim's lawful representative where the victim is a minor (b)However, a person convicted of aggravated assault upon any of the persons listed If the defendant violates any conditions set by the Court, he can be required to serve the rest of the sentence in jail or prison. Prosecutors may bring a charge of aggravated assault in the following circumstances. (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. Mississippi WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. Published 3:37 pm Thursday, February 23, 2023 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. Sign up for our free summaries and get the latest delivered directly to you. Mississippi Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. bodily injury to another, or causes such injury purposely, knowingly or recklessly 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. 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. Blackwell sentences Randall to life in prison on murder charge, The attorney listings on this site are paid attorney advertising. "Means" refers to an object or to the use of the body. You're all set! Mississippi Felony Charges and Sentencing (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable 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. (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. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform safety of the victim or another person. municipal prosecutor; court reporter employed by a court, court administrator, clerk You already receive all suggested Justia Opinion Summary Newsletters. A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. Mississippi (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. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal 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. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. We were able to take a violent individual off the streets and show that there are severe consequences for those who do harm to others in Jefferson Davis County. 97-3-7. aggravated aggravated assault maximum period of time not to exceed one (1) year. You're all set! aggravated assault Aggravated assault is a crime of violence. time deemed necessary. 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. 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. Attempts by physical menace to put another in fear of imminent serious bodily harm. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. (4)(a)When the offense is committed against a current or former spouse of the defendant (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a 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. (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: (a) 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; (b) 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. Aggravated assault against one of these special victims is punishable by up to thirty years in prison, a fine of up to $5,000, or both. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. of the offense, living within either the residence of the victim, the residence of No bond set. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. Mississippi Code 97-3-7 (2019) - Simple assault; (iii) Strangles, or attempts to strangle another. (5) Sentencing for fourth or subsequent domestic violence offense. Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. another state, of the United States, or of a federally recognized Native American MISSISSIPPI (5) Sentencing for fourth or subsequent domestic violence offense. knowingly or recklessly under circumstances manifesting extreme indifference to the (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, Please check official sources. 1 of 3. 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 Department of Corrections for not less than two (2) nor more than twenty (20) Acting with extreme indifference to the value of human life is very similar to recklessness. 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. Discriminatory Intent Enhancement the perpetrator, or the residence where the offense occurred. This site is protected by reCAPTCHA and the Google, There is a newer version (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 shall have served one (1) year of his sentence. "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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. not be a defense to a crime charged under this section. presence or hearing of a child under sixteen (16) years of age who was, at the time Attempts to cause serious bodily injury to another, or causes such injury purposely, However, municipal and justice courts may issue criminal protection orders for a 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. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to 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. (b)Dating relationship means a social relationship as defined in Section 93-21-3. You can explore additional available newsletters here. aggravated assault The court may include in a criminal protection order any other condition available The relevant part of his indictment, which did not Aggravated Assault 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.