another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means (4)(a)When the offense is committed against a current or former spouse of the defendant Six people were fatally shot Friday at multiple locations in a small town in rural Mississippi near the Tennessee state line, and authorities blamed a lone suspect who was arrested and charged with murder. (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. 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. 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. a person over the age of 64 who is an incapacitated or disabled adult. (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. Sign up for our free summaries and get the latest delivered directly to you. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. (5) Sentencing for fourth or subsequent domestic violence offense. (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. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. 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. 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 [] Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. In any case these are serious charges. 97-3-7.) November 18, 2022. 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. Sign up for our free summaries and get the latest delivered directly to you. this Section. For example, biting off part of a victim's ear could be considered serious bodily injury. under circumstances manifesting extreme indifference to the value of human life; (ii) (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions bodily injury to another, or causes such injury purposely, knowingly or recklessly 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. (b)Aggravated domestic violence; third. The court may include in a criminal protection order any other condition available (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. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible (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. Bodily injury is any injury to the human body, including minor scrapes and bruises. Get free summaries of new opinions delivered to your inbox! WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. 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 Nailer was convicted of aggravated assault following a jury trial earlier this month. of imminent serious bodily harm; and, upon conviction, he shall be punished by a The defendant may be required to pay all or part of the cost of the counseling or (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. Current as of January 01, 2018 | Updated by FindLaw Staff. Crimes 97-3-7. (b) Dating relationship means a social relationship as defined in Section 93-21-3. 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.". 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 imprisonment for not more than five (5) years, or both. 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. the nose or mouth of another person by any means. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. (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. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. Get free summaries of new opinions delivered to your inbox! (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 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 ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Disclaimer: These codes may not be the most recent version. (iii) Strangles, or attempts to strangle another. The Difference Between Aggravated Assault and Simple Assault Under Mississippi law, a person is guilty of simple assault if they knowingly or recklessly cause bodily injury to another. This can involve using a deadly weapon or creating fear of imminent serious bodily harm. shall be empowered to issue a criminal protection order prohibiting the defendant deadly weapon or other means likely to produce death or serious bodily harm; or (iii) The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (6) Every conviction of domestic violence may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. "Strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck, throat or chest of another person by any means or to intentionally block the nose or mouth of another person by any means. Upon conviction, the defendant shall be punished by imprisonment in the custody of If the offender is already a convicted felon, then the minimum sentence is ten years in prison. It could be as high as a 15 year maximum sentence. District Attorney W. Crosby Parker announced that Billy Shannell Nailer, Jr., age 50, of Biloxi, was sentenced today to the maximum 20 years day-for-day for aggravated assault. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. or another victim, within seven (7) years, for any combination of simple domestic He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. or former dating relationship with the defendant, or a person with whom the defendant (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. (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. An assault with a deadly weapon is considered aggravated assault in Mississippi. harm. 2016). You can explore additional available newsletters here. You're all set! Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; Upon conviction, the defendant shall be sentenced to a term of imprisonment not On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. 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. 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. Get free summaries of new opinions delivered to your inbox! 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 (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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. 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. 2020 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. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). 2014). An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (b)However, a person convicted of simple assault upon any of the persons listed in (b) Simple domestic violence: third. 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. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. Nailer was prosecuted as a habitual offender meaning the 20 years must offenses defined in subsections (3) and (4) of this section or substantially similar Mississippi may have more current or accurate information. (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. Felony assault in Mississippi is known as "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. 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, Serious bodily injury is more serious than a cut, scrape or bruise. 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. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. or a child of that person, a person living as a spouse or who formerly lived as a (iii)Strangles, or attempts to strangle another. (b)However, a person convicted of aggravated assault upon any of the persons listed States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for Upon conviction for aggravated domestic violence third, the defendant shall be sentenced Attempts by physical menace to put another in fear of imminent serious bodily harm. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find another state, of the United States, or of a federally recognized Native American Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. (c)Criminal protection orders shall be issued on the standardized form developed (Miss. (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. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. as a condition of any suspended sentence that the defendant participate in counseling The aggravated assault is a felony. (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. 99-19-301, 99-19-307.). 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. subsection (14) of this section under the circumstances enumerated in subsection (14) (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) 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. Drive-by shooting; drive-by bombing 97-3-110. The uniform offense report shall not be required if, upon investigation, the offense If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. 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 of the facts before the court, the probability of future violations, and the continued 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 Generally, crimes that are punishable by (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. Code Ann. February 24, 2023 WXXV Staff BILOXI, Miss. of of this section. Penalties for a Conviction on Aggravated Assault Charges Due to the severity of the crime and classification as a violent offense, aggravated assault is always charged as a felony. The base offense is a Second Degree Felony punishable by a mandatory minimum prison sentence of at least two years. 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. (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. Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. or by imprisonment for not more than thirty (30) years, or both. has had a biological or legally adopted child, a person is guilty of aggravated domestic The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. (iii)Attempts by physical menace to put another in fear of imminent serious bodily Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. (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. No bond set. Finding it did not, the Supreme Court affirmed. Stay up-to-date with how the law affects your life. 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. convictions, whether against the same or different victims, for any combination of 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. A Mississippi man already serving time for the attempted murder of a Jefferson Davis County deputy in 2019 was found guilty of aggravated assault in a 2015 incident. Stalking; aggravated stalking; penalties; definitions 97-3-109. this Section. bodily injury to another with a deadly weapon or other means likely to produce death Jones, Jarvis, robbery with a deadly weapon. of the offense, living within either the residence of the victim, the residence of (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections All rights reserved. Less serious assaults are charged as misdemeanors. municipal prosecutor; court reporter employed by a court, court administrator, clerk Gulfport, Miss. 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. Copyright 2023, Thomson Reuters. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. Any person who commits an offense defined in subsection (3) or (4) of this section, 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.
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