not more than six (6) months, or both. knowingly or recklessly under circumstances manifesting extreme indifference to the November 18, 2022. The court may include in a criminal protection order any other condition available under Section 93-21-15. or treatment to bring about the cessation of domestic abuse. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. Prosecutors may bring a charge of aggravated assault in the following circumstances. While aggravated assault is on a list of thirteen offenses in which the charged person cannot be bailed, however, the charged person can be released on bond depending on the judge. Furthermore, the sentence tends to lean on a minimum of one year to a maximum of twenty. 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. 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. While states define and penalize aggravated assault differently, most punish these crimes You already receive all suggested Justia Opinion Summary Newsletters. 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. 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 the perpetrator, or the residence where the offense occurred. 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. not be a defense to a crime charged under this section. You can explore additional available newsletters here. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. imprisonment for not more than five (5) years, or both. 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 incident. subsection (3) of this section, or substantially similar offenses under the laws of In sentencing, 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. (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. 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) less than fifteen (15) years nor more than twenty (20) years. offense report. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. Get free summaries of new opinions delivered to your inbox! Felony assault in Mississippi is known as "aggravated assault." under Section 93-21-15. 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. Nailer was violence under this subsection (4) or simple domestic violence third as defined in 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. 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. (Miss. knowingly or recklessly causes bodily injury to another; (ii) negligently causes 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. whether against the same or another victim, for any combination of aggravated domestic (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. of the offense, or the victim's lawful representative where the victim is a minor enter the order in the Mississippi Protection Order Registry within twenty-four (24) If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. All rights reserved. domestic violence as defined in this subsection (3) and who, at the time of the commission Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to less than five (5) nor more than ten (10) years. Assault in Mississippi is defined as when a person (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes 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, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (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 information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. from any contact with the victim. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. Serious bodily injury is more serious than a cut, scrape or bruise. has had a biological or legally adopted child, a person is guilty of simple domestic Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. (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. utilize the form prescribed for such purposes by the Office of the Attorney General An assault is an aggravated assault if the crime is committed with an object that is dangerous because of the way the object is used. (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. (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. (iii) 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 Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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.". 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 deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. Categories: Crime, Featured, Local News, News. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court Do Not Sell or Share My Personal Information, Criminal Domestic Violence Laws in Mississippi, Do Not Sell or Share My Personal Information, attempts to cause serious bodily injury to another person, intentionally or recklessly causes serious bodily injury to another while acting with extreme indifference to human life, attempts or causes bodily injury to another person with a deadly weapon or by other means likely to cause death or serious bodily injury, or. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. This site is protected by reCAPTCHA and the Google, There is a newer version treatment, in the discretion of the court. Annotated section 97-3-7(2)(a)(ii) (Supp. 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. 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. (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. (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, 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. You can explore additional available newsletters here. 99-37-3.) (8)A person convicted under subsection (4) or (5) of this section shall not be eligible value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with Jones, Ricky Lynn, felony DUI. 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. Since no two situations are the same, its important to speak with a time deemed necessary. Less serious assaults are charged as misdemeanors. maximum period of time not to exceed one (1) year. https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. of (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. 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. GREENVILLE, Miss. (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. Generally, crimes that are punishable by (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 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. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. Get free summaries of new opinions delivered to your inbox! 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. (14)Assault upon any of the following listed persons is an aggravating circumstance on the neck, throat or chest of another person by any means or to intentionally block district attorney or legal assistant to a district attorney; county prosecutor or Code Ann. (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.