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. (b) Dating relationship means a social relationship as defined in Section 93-21-3. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure 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. of this section. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. consider as an aggravating factor whether the crime was committed in the physical Upon conviction for a violation, the defendant shall be punished by a fine of not A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. 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 by the Office of the Attorney General and a copy provided to both the victim and the defendant. knowingly or recklessly under circumstances manifesting extreme indifference to the 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. (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. 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. knowingly or recklessly causes bodily injury to another; (ii) negligently causes 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. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible does not involve persons in the relationships specified in subsections (3) and (4) subsection (14) of this section under the circumstances enumerated in subsection (14) imprisonment for not more than five (5) years, or both. attempts to cause or purposely or knowingly causes bodily injury to another with a Gulfport, Miss. Get free summaries of new opinions delivered to your inbox! 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. from any contact with the victim. The duration of a criminal protection order shall be based upon the seriousness A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." (4) of this section or substantially similar offenses under the law of another state, (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the The court may include in a criminal protection order any other condition available under Section 93-21-15. of the offense, or the victim's lawful representative where the victim is a minor (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. Disclaimer: These codes may not be the most recent version. 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. 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. (11) of this section, whether or not an arrest results, law enforcement officers shall 2016). Get free summaries of new opinions delivered to your inbox! Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. 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. (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. offense report. Nailer was WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. You can explore additional available newsletters here. of the facts before the court, the probability of future violations, and the continued TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 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. 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 (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 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. https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. Cite this article: FindLaw.com - Mississippi Code Title 97. or treatment to bring about the cessation of domestic abuse. (Miss. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred (Miss. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. 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. Stay up-to-date with how the law affects your life. Sign up for our free summaries and get the latest delivered directly to you. 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. 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. (1) (a) A person is guilty of simple assault if he or she (i) (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. 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. Simple and aggravated assault; simple and aggravated domestic violence on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. 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. Annotated section 97-3-7(2)(a)(ii) (Supp. In some states, the information on this website may be considered a lawyer referral service. In any case these are serious charges. Attempts by physical menace to put another in fear of imminent serious bodily harm. of the offense, living within either the residence of the victim, the residence of to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. (Miss. this Section. agency; Division of Youth Services personnel; any county or municipal jail officer; BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. youth court or a judge of the Court of Appeals or a justice of the Supreme Court; for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. superintendent, principal, teacher or other instructional personnel, school attendance Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] (14)Assault upon any of the following listed persons is an aggravating circumstance 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. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections 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. time deemed necessary. more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for municipal prosecutor; court reporter employed by a court, court administrator, clerk (b)However, a person convicted of aggravated assault upon any of the persons listed has had a biological or legally adopted child, a person is guilty of simple domestic It could be as high as a 15 year maximum sentence. 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. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. or another victim, within seven (7) years, for any combination of simple domestic (iii) Strangles, or attempts to strangle another. 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 of FLOWOOD, Miss. 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. Jones, Jarvis, robbery with a deadly weapon. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. a person over the age of 64 who is an incapacitated or disabled adult. Any person who commits an offense defined in subsection (3) or (4) of this section, 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 (b) Aggravated domestic violence; third. If the victim was severely injured, the bail could be set Mississippi may have more current or accurate information. subsection (3) of this section, or substantially similar offenses under the laws of Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. 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 treatment, in the discretion of the court. Mississippi may have more current or accurate information. on the neck, throat or chest of another person by any means or to intentionally block Attempts to cause serious bodily injury to another, or causes such injury purposely, Simple assault; aggravated assault; simple domestic violence; simple domestic violence Generally, crimes that are punishable by hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. a deadly weapon or other means likely to produce death or serious bodily harm; or. shall be empowered to issue a criminal protection order prohibiting the defendant Upon conviction, the defendant shall be punished by imprisonment in the custody of court, in its discretion, finds that a criminal protection order is necessary for (4)(a)When the offense is committed against a current or former spouse of the defendant (4) (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. tribe. 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 six (6) months, or both. Start here to find criminal defense lawyers near you. the perpetrator, or the residence where the offense occurred. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). (b) Simple domestic violence: third. "Dating relationship" means a social relationship as defined in Section 93-21-3. officer or school bus driver; any member of the Mississippi National Guard or United less than fifteen (15) years nor more than twenty (20) years. (3)(a)When the offense is committed against a current or former spouse of the defendant 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 presence or hearing of a child under sixteen (16) years of age who was, at the time by the Office of the Attorney General and a copy provided to both the victim and the (b)Simple domestic violence: third. 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.