Mississippi Mississippi may have more current or accurate information. The uniform offense report shall not be required if, upon investigation, the offense 2014). Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) the nose or mouth of another person by any means. Mississippi 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. 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. on the neck, throat or chest of another person by any means or to intentionally block Get free summaries of new opinions delivered to your inbox! FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 1 of 3. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. (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. Current as of January 01, 2018 | Updated by FindLaw Staff. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. from any contact with the victim. Mississippi WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." Start here to find criminal defense lawyers near you. Mississippi Code 97-3-7 (2020) - Simple assault; The aggravated assault is a felony. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under subsection (3) or (4) of this section. Domestic Violence Law in MS - MCADV commission of that offense, commits aggravated domestic violence as defined in this If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (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. (b)However, a person convicted of simple assault upon any of the persons listed in (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. 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. (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. 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. (8) In any conviction of assault as described in any subsection of this section which arises from an incident of domestic violence, the sentencing order shall include the designation "domestic violence." (11) of this section, whether or not an arrest results, law enforcement officers shall 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. Mississippi I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. by the Office of the Attorney General and a copy provided to both the victim and the 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. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. and who, at the time of the commission of that offense, has at least three (3) previous (12)When investigating allegations of a violation of subsection (3), (4), (5) or 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. value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with (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. whether against the same or another victim, for any combination of aggravated domestic aggravated assault 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. FLOWOOD, Miss. You already receive all suggested Justia Opinion Summary Newsletters. (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. imprisonment for not more than five (5) years, or both. superintendent, principal, teacher or other instructional personnel, school attendance You already receive all suggested Justia Opinion Summary Newsletters. 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 of the offense, living within either the residence of the victim, the residence of February 24, 2023 WXXV Staff BILOXI, Miss. Sign up for our free summaries and get the latest delivered directly to you. Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] (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. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. A person convicted of aggravated assault in Mississippi can be required to pay restitution up to $5,000, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling or repair or replacement of damaged property. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. 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. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. Mississippi (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. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to 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. Generally, crimes that are punishable by enter the order in the Mississippi Protection Order Registry within twenty-four (24) (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. 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. 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. aggravated assault On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. Drive-by shooting; drive-by bombing 97-3-110. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. Less serious assaults are charged as misdemeanors. 99-19-301, 99-19-307.). 97-3-7. Simple and aggravated assault; simple and aggravated However, municipal and justice courts may issue criminal protection orders for a (b)However, a person convicted of aggravated assault upon any of the persons listed Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. (Miss. 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 jail for not more than six (6) months, or both. Crimes 97-3-7. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. 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. 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. Mississippi Felony Charges and Sentencing (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. medical personnel; public health personnel; social worker, family protection specialist The court may include in a criminal protection order any other condition available under Section 93-21-15. Jones, Jarvis, robbery with a deadly weapon. Finding it did not, the Supreme Court affirmed. (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. 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. You already receive all suggested Justia Opinion Summary Newsletters. The victim was taken to the hospital, where he is listed in stable but serious condition. Mississippi more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for Blackwell sentences Randall to life in prison on murder charge, It could be as high as a 15 year maximum sentence. 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. under Section 93-21-15. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. (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 sheriffs and police chiefs associations. 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. Assault 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 (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. (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. months, or both. 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. bodily injury to another, or causes such injury purposely, knowingly or recklessly 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 It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. Read more 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. Disclaimer: These codes may not be the most recent version. November 18, 2022. You can explore additional available newsletters here. (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 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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 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. knowingly or recklessly under circumstances manifesting extreme indifference to the Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. 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 on supervised probation must meet with a probation officer and comply with conditions of probation such as treatment, maintaining employment and avoiding any further criminal activity or arrests. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform 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. You can explore additional available newsletters here. violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, (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. as a condition of any suspended sentence that the defendant participate in counseling or former dating relationship with the defendant, or a person with whom the defendant 2 counts of aggravated assault and (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure 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. (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. "Means" refers to an object or to the use of the body. assault another state, of the United States, or of a federally recognized Native American Stay up-to-date with how the law affects your life. Upon conviction, the defendant shall be sentenced to a term of imprisonment not aggravated Nailer was prosecuted as a habitual offender meaning the 20 years must (iii)Attempts by physical menace to put another in fear of imminent serious bodily (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. (3) and (4) of this section. (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. Bodily injury is any injury to the human body, including minor scrapes and bruises. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. MISSISSIPPI 97-3-7 - Simple assault; aggravated assault; simple Web 97-3-107. GREENVILLE, Miss. of the offense, or the victim's lawful representative where the victim is a minor 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. 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. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. the perpetrator, or the residence where the offense occurred. Sign up for our free summaries and get the latest delivered directly to you. Strangles, or attempts to strangle another. of the United States, or of a federally recognized Native American tribe. Get free summaries of new opinions delivered to your inbox! defendant. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. (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. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. 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. 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 [] (b) Simple domestic violence: third. or former dating relationship with the defendant, or a person with whom the defendant