(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. or family protection worker employed by the Department of Human Services or another person, as defined in Section 43-47-5. 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. Simple and aggravated assault; simple and aggravated domestic violence. If the victim was severely injured, the bail could be set the Department of Corrections for not less than two (2) nor more than twenty (20) WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. attempts to cause or purposely or knowingly causes bodily injury to another with a Web 97-3-107. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 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. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. (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. Circuit and county courts may issue a criminal protection order for any period of TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Attempts to cause serious bodily injury to another, or causes such injury purposely, to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. on the neck, throat or chest of another person by any means or to intentionally block (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions or a child of that person, a person living as a spouse or who formerly lived as a Nailer was Get free summaries of new opinions delivered to your inbox! 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. The aggravated assault is a felony. Please check official sources. grandchild or someone similarly situated to the defendant, a person who has a current A person is guilty of the felony of simple domestic violence third who commits simple not more than six (6) months, or both. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. Disclaimer: These codes may not be the most recent version. 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. medical personnel; public health personnel; social worker, family protection specialist (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. (Miss. 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. convictions, whether against the same or different victims, for any combination of 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. less than five (5) nor more than ten (10) years. You can explore additional available newsletters here. Finding it did not, the Supreme Court affirmed. For example, biting off part of a victim's ear could be considered serious bodily injury. You can explore additional available newsletters here. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or 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. GREENVILLE, Miss. treatment, in the discretion of the court. 2020 (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. The court may include in a criminal protection order any other condition available 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. Generally, crimes that are punishable by in consultation with the sheriff's and police chief's associations. 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. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. 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 duration of a criminal protection order shall be based upon the seriousness shall be empowered to issue a criminal protection order prohibiting the defendant (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. the nose or mouth of another person by any means. Felony assault in Mississippi is known as "aggravated assault." 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. (b) Aggravated domestic violence; third. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (b) Dating relationship means a social relationship as defined in Section 93-21-3. (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. 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 (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. The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. Drive-by shooting; drive-by bombing 97-3-110. You already receive all suggested Justia Opinion Summary Newsletters. However, a simple assault charge can be upgraded to an aggravated one if the victim was a special victim, such as an emergency service provider, law enforcement, senior adults, and others. 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, 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. (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. from any contact with the victim. maximum period of time not to exceed one (1) year. 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. Nailer was prosecuted as a habitual offender meaning the 20 years must spouse with the defendant or a child of that person, a parent, grandparent, child, this Section. Start here to find criminal defense lawyers near you. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. You can explore additional available newsletters here. under circumstances manifesting extreme indifference to the value of human life; (ii) 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. of imminent serious bodily harm; and, upon conviction, he shall be punished by a 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. Gulfport, Miss. 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. (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. (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. 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. 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. (b)However, a person convicted of aggravated assault upon any of the persons listed You already receive all suggested Justia Opinion Summary Newsletters. utilize the form prescribed for such purposes by the Office of the Attorney General Get free summaries of new opinions delivered to your inbox! Weband his son. 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. No bond set. (b)A criminal protection order shall not be issued against the defendant if the victim Code Ann. Crimes 97-3-7. 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 court clerk shall enter the disposition of the matter into the corresponding uniform offense report. or former dating relationship with the defendant, or a person with whom the defendant as a condition of any suspended sentence that the defendant participate in counseling (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. In certain circumstances, a felony conviction also can result in loss of a professional license. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. 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. Gulfport, Miss. 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. the assault: a statewide elected official; law enforcement officer; fireman; emergency No bond set. 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. "Dating relationship" means a social relationship as defined in Section 93-21-3. offenses under the law of another state, of the United States, or of a federally recognized Crimes 97-3-7. (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. (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. 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. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. otherwise acting within the scope of his duty, office or employment; or. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to (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. In any case these are serious charges. 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 ($1,000.00) or by imprisonment for not more than five (5) years, or both. https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. District Attorney W. Crosby Parker announced today that Michael David Wheeler, 51, of Biloxi, entered a guilty plea to two counts of Aggravated Assault of Law Enforcement Officers on Wednesday of this week. An assault with a deadly weapon is considered aggravated assault in Mississippi. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. years. jail for not more than six (6) months, or both. (iii)Attempts by physical menace to put another in fear of imminent serious bodily for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. or another victim, within seven (7) years, for any combination of simple domestic Current as of January 01, 2018 | Updated by FindLaw Staff. imprisonment for not more than five (5) years, or both. (b) However, a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both. domestic violence as defined in this subsection (3) and who, at the time of the commission Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. FLOWOOD, Miss. The court may include in a criminal protection order any other condition available under Section 93-21-15. (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. offenses defined in subsections (3) and (4) of this section or substantially similar He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. (3)(a)When the offense is committed against a current or former spouse of the defendant (b) Simple domestic violence: third. violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, defendant. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. 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 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. 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. enter the order in the Mississippi Protection Order Registry within twenty-four (24) (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. (3) and (4) of this section. causes injury to a child who is in the process of boarding or exiting a school bus if the offender has failed to stop for the bus according to traffic laws. 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. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for 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. 1 of 3. However, failure of law enforcement to utilize the uniform offense report shall 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 99-37-3.) Jones, Demarcus, FIPF, aggravated assault. 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. 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. Code Ann. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. of months, or both. (5) Sentencing for fourth or subsequent domestic violence offense. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform You already receive all suggested Justia Opinion Summary Newsletters. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. (11) of this section, whether or not an arrest results, law enforcement officers shall (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. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. 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. Nailer was convicted of aggravated assault following a jury trial earlier this month. knowingly or recklessly under circumstances manifesting extreme indifference to the Nailer was prosecuted as a habitual offender meaning the 20 years must This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. 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. subsection (4) and who has two (2) prior convictions within the past seven (7) years, spouse with the defendant or a child of that person, a parent, grandparent, child, this Section. 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.
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