| https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. on the neck, throat or chest of another person by any means or to intentionally block (3) and (4) of this section. The penalty will depend on how it is charged. Jones, Johnnie, SCS (alprazolam). 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. aggravated assault Mississippi 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. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or presence or hearing of a child under sixteen (16) years of age who was, at the time 1 of 3. In some states, the information on this website may be considered a lawyer referral service. aggravated assault FLOWOOD, Miss. (11) of this section, whether or not an arrest results, law enforcement officers shall The aggravated assault is a felony. attempts to cause or purposely or knowingly causes bodily injury to another with a In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find Jones, Ricky Lynn, felony DUI. The court may include in a criminal protection order any other condition available under Section 93-21-15. enter the order in the Mississippi Protection Order Registry within twenty-four (24) Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) nor more than twenty (20) years. For the purposes of this section, "strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck or throat of another person by any means or to intentionally block the nose or mouth of another person by any means. 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 or another victim, within seven (7) years, for any combination of simple domestic spouse with the defendant or a child of that person, a parent, grandparent, child, fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county safety of the victim or another person. Get free summaries of new opinions delivered to your inbox! the safety and well-being of a victim who is a minor child or incompetent adult. 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 [] 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. You're all set! (3) (a) When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of simple domestic violence who: (i) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or. (iii) Strangles, or attempts to strangle another. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. The actor does not need to intend to injure to the victim. knowingly or recklessly causes bodily injury to another; (ii) negligently causes (b)Aggravated domestic violence; third. shall be empowered to issue a criminal protection order prohibiting the defendant Mississippi Assault Charges: 10 Most Frequently Asked Questions The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. aggravated assault years. Proof that the offender intentionally attacked another is all that the prosecutor needs for a conviction for aggravated assault if a weapon or dangerous means is involved. Aggravated assault is a crime of violence. order. 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 (8)A person convicted under subsection (4) or (5) of this section shall not be eligible 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. (1) (a) A person is guilty of simple assault if he or she (i) BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. Mississippi WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 1 of 3. (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. 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. 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. or family protection worker employed by the Department of Human Services or another The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. bodily injury to another, or causes such injury purposely, knowingly or recklessly or a child of that person, a person living as a spouse or who formerly lived as a Assault Aggravated Assault It could be as high as a 15 year maximum sentence. causes any injury to a child who is in the process of boarding or exiting a school (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. (Miss. (b) However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. Penalties For Assault and Aggravated Assault in Mississippi Simple assault; aggravated assault; simple domestic violence; simple domestic violence 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. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 (5) Sentencing for fourth or subsequent domestic violence offense. Any person who commits an offense defined in subsection (3) or (4) of this section, utilize the form prescribed for such purposes by the Office of the Attorney General Circuit court docket continued from page 11A - djournal.com It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. in consultation with the sheriff's and police chief's associations. Aggravated Assault | Jackson Criminal Lawyer Coxwell & Associates 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. (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. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. 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 97-3-7. of Annotated section 97-3-7(2)(a)(ii) (Supp. municipal prosecutor; court reporter employed by a court, court administrator, clerk Blackwell sentences Randall to life in prison on murder charge, 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. of imminent serious bodily harm; and, upon conviction, he shall be punished by a You can explore additional available newsletters here. 99-37-3.) 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. has had a biological or legally adopted child, a person is guilty of aggravated domestic (b) Dating relationship means a social relationship as defined in Section 93-21-3. 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. Upon conviction for a violation, the defendant shall be punished by a fine of not A felony conviction becomes part of your permanent criminal record. (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.