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A felony conviction becomes part of your permanent criminal record. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. to a term of imprisonment of not less than ten (10) nor more than twenty (20) 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 (a) Upon conviction under subsection (3), (4) or (5) of this section, the court shall be empowered to issue a criminal protection order prohibiting the defendant from any contact with the victim. Nailer was convicted of aggravated assault following a jury trial earlier this month. violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, While states define and penalize aggravated assault differently, most punish these crimes 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. and who, at the time of the commission of that offense, has at least three (3) previous WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. Upon conviction, 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. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Weband his son. (iii)Strangles, or attempts to strangle another. or a child of that person, a person living as a spouse or who formerly lived as a WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. (b) Aggravated domestic violence; third. Current as of January 01, 2018 | Updated by FindLaw Staff. not more than six (6) months, or both. The court may include in a criminal protection order any other condition available under Section 93-21-15. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. (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. enter the order in the Mississippi Protection Order Registry within twenty-four (24) 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 conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. (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 If the victim was severely injured, the bail could be set You can explore additional available newsletters here. does not involve persons in the relationships specified in subsections (3) and (4) If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. 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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. You're all set! tribe. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county Nailer was convicted of aggravated assault following a jury trial earlier this month. court, in its discretion, finds that a criminal protection order is necessary for Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. The attorney listings on this site are paid attorney advertising. "Dating relationship" means a social relationship as defined in Section 93-21-3. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. youth court or a judge of the Court of Appeals or a justice of the Supreme Court; utilize the form prescribed for such purposes by the Office of the Attorney General 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 However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under subsection (3) or (4) of this section. February 24, 2023 WXXV Staff BILOXI, Miss. Attempts by physical menace to put another in fear of imminent serious bodily harm. 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. (10)Every conviction under subsection (3), (4) or (5) of this section may require Contact us. Code Ann. (Miss. Felony assault in Mississippi is known as "aggravated assault." Crimes 97-3-7. the safety and well-being of a victim who is a minor child or incompetent adult. (3) and (4) of this section. of imminent serious bodily harm; and, upon conviction, he shall be punished by a (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. not be a defense to a crime charged under this section. Circuit and county courts may issue a criminal protection order for any period of 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. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or not more than one (1) year or in the Penitentiary for not more than twenty (20) years. 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. Since no two situations are the same, its important to speak with a (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. 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. causes injury to a child who is in the process of boarding or exiting a school bus if the offender has failed to stop for the bus according to traffic laws. person, as defined in Section 43-47-5. You need to hire an attorney immediately. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 1 of 3. the nose or mouth of another person by any means. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. Jones, Ricky Lynn, felony DUI. Aggravated assault is a very serious criminal charge. imprisonment for not more than five (5) years, or both. You can explore additional available newsletters here. 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. or a child of that person, a person living as a spouse or who formerly lived as a Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] of the United States, or of a federally recognized Native American tribe. 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. Stalking; aggravated stalking; penalties; definitions 97-3-109. Police charged 29-year-old Antonio Jerrod Coleman with two counts of aggravated assault, and 44-year-old Willard Fairley Jr. with one count of aggravated assault and one count of shooting into an occupied dwelling. another state, of the United States, or of a federally recognized Native American (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. (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. (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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. 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 violence under this subsection (3) or aggravated domestic violence as defined in subsection (1) (a) A person is guilty of simple assault if he (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) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. You already receive all suggested Justia Opinion Summary Newsletters. Acting with extreme indifference to the value of human life is very similar to recklessness. (b) Simple domestic violence: third. You're all set! (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. Sign up for our free summaries and get the latest delivered directly to you. 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. (b) A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victims 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. of the offense in question, has two (2) prior convictions, whether against the same 99-19-301, 99-19-307.). 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. 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 [] (14)Assault upon any of the following listed persons is an aggravating circumstance 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 The court may include in a criminal protection order any other condition available under Section 93-21-15. Published 3:37 pm Thursday, February 23, 2023 of this section. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to 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 spouse with the defendant or a child of that person, a parent, grandparent, child, The uniform offense report shall not be required if, upon investigation, the offense (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, However, municipal and justice courts may issue criminal protection orders for a offense report. (iii) Strangles, or attempts to strangle another. officer or school bus driver; any member of the Mississippi National Guard or United (b)Dating relationship means a social relationship as defined in Section 93-21-3. (b) Aggravated domestic violence; third. Gulfport, Miss. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. FLOWOOD, Miss. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. 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. 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. 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. GREENVILLE, Miss. as a condition of any suspended sentence that the defendant participate in counseling Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. offenses under the law of another state, of the United States, or of a federally recognized Simple assault; aggravated assault; simple domestic violence; simple domestic violence (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 sheriffs and police chiefs associations. 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. Get free summaries of new opinions delivered to your inbox! Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. 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 WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. (5) Sentencing for fourth or subsequent domestic violence offense. maximum period of time not to exceed one (1) year. Aggravated domestic violence; third.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. (Miss. Attempts to cause serious bodily injury to another, or causes such injury purposely, Upon issuance of a criminal protection order, the clerk of the issuing court shall 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. (1) (a) A person is guilty of simple assault if he or she (i) Mississippi law designates several "special" victims including but not limited to: If a special victim is designated by his employment status, he must be performing his duties as an employee at the time of the assault. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. (Miss. 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. bodily injury to another with a deadly weapon or other means likely to produce death For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. likely to produce death or serious bodily harm; or. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. 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. of the offense, or the victim's lawful representative where the victim is a minor If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. The duration of a criminal protection order shall be based upon the seriousness of the facts before the court, the probability of future violations, and the continued safety of the victim or another person. defendant. (6) Every conviction of domestic violence 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. Finding it did not, the Supreme Court affirmed.