(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. (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. Code Ann. violence under this subsection (3) or aggravated domestic violence as defined in subsection 1 of 3. No bond set. Sign up for our free summaries and get the latest delivered directly to you. for charging under subsections (1)(b) and (2)(b) of this section: (a)When acting within the scope of his duty, office or employment at the time of Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 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. Crimes 97-3-7. Mississippi 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. WebAggravated Assault Mississippi Gulfport Top Gulfport, MS Aggravated Assault Lawyers Near You Butler Snow LLP Aggravated Assault Lawyers | Gulfport Office 1300 25th Avenue, Suite 204, PO Drawer 4248, Gulfport, MS 39502 Boyce Holleman & Associates Aggravated Assault Lawyers | Gulfport Office value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with (b) Aggravated domestic violence; third. (Miss. (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. Web 97-3-107. 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. Mississippi law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. Simple and aggravated assault; simple and aggravated domestic violence. Simple assault; aggravated assault; simple domestic violence; simple domestic violence An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. A court in Mississippi can suspend all or a portion of a jail or prison sentence as long as the defendant successfully completes probation and/or any other conditions the court imposes. Discriminatory Intent Enhancement Jones, Ricky Lynn, felony DUI. Sign up for our free summaries and get the latest delivered directly to you. 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. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. Aggravated Assault WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. aggravated Blackwell sentences Randall to life in prison on murder charge, defendant. 97-3-7 - Simple assault; aggravated assault; simple MISSISSIPPI (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. 97-3-7.) (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the 97-3-7. Simple and aggravated assault; simple and aggravated The sole issue before the Mississippi Supreme Court was whether the trial court erred in instructing the jury that self-defense is not a defense to the crime of felon in possession of a firearm. (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. The penalty will depend on how it is charged. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. Acting with extreme indifference to the value of human life is very similar to recklessness. It could be as high as a 15 year maximum sentence. (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. 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 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. You're all set! 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. Annotated section 97-3-7(2)(a)(ii) (Supp. 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, another 25 years for aggravated assault with firearm. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Understanding the Definition of Aggravated Assault Mississippi Aggravated Assault The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. or treatment to bring about the cessation of domestic abuse. offenses defined in subsections (3) and (4) of this section or substantially similar (iii) Strangles, or attempts to strangle another. the safety and well-being of a victim who is a minor child or incompetent adult. 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. Categories: Crime, Featured, Local News, News. No bond set. the assault: a statewide elected official; law enforcement officer; fireman; emergency (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, 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 [] 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. Get free summaries of new opinions delivered to your inbox! 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.". 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 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. (4) of this section or substantially similar offenses under the law of another state, 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. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. of imminent serious bodily harm; and, upon conviction, he shall be punished by a Get free summaries of new opinions delivered to your inbox! order. Simple domestic violence: third.A person is guilty of the felony of simple domestic violence third who commits simple domestic violence as defined in this subsection (3) and who, at the time of the commission of the offense in question, has two (2) prior convictions, whether against the same or another victim, within seven (7) years, for any combination of simple domestic violence under this subsection (3) or aggravated domestic violence as defined in subsection (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe. (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. a person over the age of 64 who is an incapacitated or disabled adult. not be a defense to a crime charged under this section. In certain circumstances, a felony conviction also can result in loss of a professional license. commission of that offense, commits aggravated domestic violence as defined in this (b) Simple domestic violence: third. 99-37-3.) A felony conviction becomes part of your permanent criminal record. 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. Nailer was convicted of aggravated assault following a jury trial earlier this month. domestic violence as defined in this subsection (3) and who, at the time of the commission TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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. You already receive all suggested Justia Opinion Summary Newsletters.