not be a defense to a crime charged under this section. (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. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. 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. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. (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. officer or school bus driver; any member of the Mississippi National Guard or United (7) When investigating allegations of a violation of subsection (3) or (4) of this section, 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. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court (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. 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. district attorney or legal assistant to a district attorney; county prosecutor or of of the offense, living within either the residence of the victim, the residence of (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall Please check official sources. from any contact with the victim. 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 time deemed necessary. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible 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 (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. (iii)Strangles, or attempts to strangle another. 2016). Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. GREENVILLE, Miss. likely to produce death or serious bodily harm; or. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection superintendent, principal, teacher or other instructional personnel, school attendance 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 reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. WebA 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 The court may include in a criminal protection order any other condition available under Section 93-21-15. 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. (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. (b)However, a person convicted of simple assault upon any of the persons listed in hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. Disclaimer: These codes may not be the most recent version. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. No bond set. (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." harm. deadly weapon or other means likely to produce death or serious bodily harm; or (iii) (1) (a) A person is guilty of simple assault if he or she (i) (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the 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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. (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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not (b) Dating relationship means a social relationship as defined in Section 93-21-3. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. in consultation with the sheriff's and police chief's associations. (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. of the offense in question, has two (2) prior convictions, whether against the same Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. (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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform Sign up for our free summaries and get the latest delivered directly to you. You already receive all suggested Justia Opinion Summary Newsletters. (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. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. Stay up-to-date with how the law affects your life. Serious bodily injury is more serious than a cut, scrape or bruise. (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. 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. 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. commission of that offense, commits aggravated domestic violence as defined in this domestic violence as defined in this subsection (3) and who, at the time of the commission You're all set! A person who is convicted of simple assault in Mississippi can be sentenced to up to six months in jail, fined up to $500, or both. (c)Criminal protection orders shall be issued on the standardized form developed treatment, in the discretion of the court. (b) Aggravated domestic violence; third. violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. The attorney listings on this site are paid attorney advertising. Categories: Crime, Featured, Local News, News. Nailer was prosecuted as a habitual offender meaning the 20 years must utilize the form prescribed for such purposes by the Office of the Attorney General If you are facing a charge of aggravated assault in Mississippi, an attorney can investigate the case and determine if you were wrongfully charged or there are other reasons why the case should be dismissed before trial. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. A person is guilty of the felony of simple domestic violence third who commits simple 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. Current as of January 01, 2018 | Updated by FindLaw Staff. 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. years. Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; Less serious assaults are charged as misdemeanors. (b)Simple domestic violence: third. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. Get free summaries of new opinions delivered to your inbox! (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. (Miss. 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. (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. (5) Sentencing for fourth or subsequent domestic violence offense. https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. Get free summaries of new opinions delivered to your inbox! For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 2020 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. In any case these are serious charges. Attempts to cause serious bodily injury to another, or causes such injury purposely, 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. (3)(a)When the offense is committed against a current or former spouse of the defendant If the victim was severely injured, the bail could be set Nailer was convicted of aggravated assault following a jury trial earlier this month.