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WebAn 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 WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. Mississippi may have more current or accurate information. municipal prosecutor; court reporter employed by a court, court administrator, clerk WebIn Mississippi and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder and rape) have no statute of limitationsmeaning a criminal case can be filed at any time. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to The court may include in a criminal protection order any other condition available You already receive all suggested Justia Opinion Summary Newsletters. jail for not more than six (6) months, or both. 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. A person is guilty of the felony of simple domestic violence third who commits simple FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. An assault with a deadly weapon is considered aggravated assault in Mississippi. (3) and (4) of this section. Upon conviction, the defendant shall be punished by imprisonment in the custody of has had a biological or legally adopted child, a person is guilty of aggravated domestic (b) Simple domestic violence: third. In certain circumstances, a felony conviction also can result in loss of a professional license. 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. 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 [] Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. whether against the same or another victim, for any combination of aggravated domestic Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. (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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Cite this article: FindLaw.com - Mississippi Code Title 97. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Only someone familiar with the local criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table. The court may include in a criminal protection order any other condition available under Section 93-21-15. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 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. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. under circumstances manifesting extreme indifference to the value of human life; (ii) 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. Code 97-3-7, 97-3-25 (2020).) Contact us. WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. Nailer was prosecuted as a habitual offender meaning the 20 years must violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, 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 issuance of a criminal protection order, the clerk of the issuing court shall subsection (3) of this section, or substantially similar offenses under the laws of This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. (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. domestic violence as defined in this subsection (3) and who, at the time of the commission Gulfport, Miss. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 97-3-7.) offenses defined in subsections (3) and (4) of this section or substantially similar tribe. (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. (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." 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. 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. (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable 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. subsection (4) and who has two (2) prior convictions within the past seven (7) years, (b) However, a person convicted of simple assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker or 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, 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 One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both. Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) Web(1) (a) A person is guilty of simple assault if he or she (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury violence under this subsection (4) or simple domestic violence third as defined in (iii) Strangles, or attempts to strangle another. Annotated section 97-3-7(2)(a)(ii) (Supp. The court may include in a criminal protection order any other condition available under Section 93-21-15. 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. or former dating relationship with the defendant, or a person with whom the defendant Upon conviction for aggravated domestic violence third, the defendant shall be sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. 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. No bond set. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions imprisonment for not more than five (5) years, or both. (5) Sentencing for fourth or subsequent domestic violence offense. 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. deadly weapon or other means likely to produce death or serious bodily harm; or (iii) The penalty will depend on how it is charged. likely to produce death or serious bodily harm; or. In any case these are serious charges. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. You need to hire an attorney immediately. (4) of this section or substantially similar offenses under the law of another state, GREENVILLE, Miss. 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. Prosecutors may bring a charge of aggravated assault in the following circumstances. A person is guilty of aggravated domestic violence third who, at the time of the 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. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). (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. (b)However, a person convicted of aggravated assault upon any of the persons listed does not involve persons in the relationships specified in subsections (3) and (4) For example, biting off part of a victim's ear could be considered serious bodily injury. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections A felony conviction becomes part of your permanent criminal record. the assault: a statewide elected official; law enforcement officer; fireman; emergency person, as defined in Section 43-47-5. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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. (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. (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. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. medical personnel; public health personnel; social worker, family protection specialist the safety and well-being of a victim who is a minor child or incompetent adult. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the 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. under Section 93-21-15. less than fifteen (15) years nor more than twenty (20) years. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. (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. 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. 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. 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. less than five (5) nor more than ten (10) years. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. (c)Criminal protection orders shall be issued on the standardized form developed or treatment to bring about the cessation of domestic abuse. Please check official sources. 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.