It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. (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. or treatment to bring about the cessation of domestic abuse. The attorney listings on this site are paid attorney advertising. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 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. Bodily injury is any injury to the human body, including minor scrapes and bruises. of the offense, or the victim's lawful representative where the victim is a minor of this section. 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. 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. 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 enter the order in the Mississippi Protection Order Registry within twenty-four (24) Any person who commits an offense defined in subsection (3) or (4) of this section, Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) 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. (5) Sentencing for fourth or subsequent domestic violence offense. 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. time deemed necessary. 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. in consultation with the sheriff's and police chief's associations. superintendent, principal, teacher or other instructional personnel, school attendance The duration of a criminal protection order shall be based upon the seriousness convictions, whether against the same or different victims, for any combination of Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. (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. Sign up for our free summaries and get the latest delivered directly to you. (c)Criminal protection orders shall be issued on the standardized form developed (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Drive-by shooting; drive-by bombing 97-3-110. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. (b)However, a person convicted of aggravated assault upon any of the persons listed 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. or former dating relationship with the defendant, or a person with whom the defendant 97-3-7.) Simple assault; aggravated assault; simple domestic violence; simple domestic violence or family protection worker employed by the Department of Human Services or another Read more However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection (b)However, a person convicted of simple assault upon any of the persons listed in (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. You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. bodily injury to another with a deadly weapon or other means likely to produce death Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred treatment, in the discretion of the court. (11) of this section, whether or not an arrest results, law enforcement officers shall 1 of 3. 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. 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.". (3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section 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 and, upon conviction, the defendant shall be punished as provided under subsection (1) of this section; however, upon a third or subsequent conviction of simple 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 not less than five (5) nor more than ten (10) years. (iii)Strangles, or attempts to strangle another. You can explore additional available newsletters here. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. Current as of January 01, 2018 | Updated by FindLaw Staff. Contact us. 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 WebAggravated 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, WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 2016). Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. safety of the victim or another person. offenses under the law of another state, of the United States, or of a federally recognized At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. Get free summaries of new opinions delivered to your inbox! Cite this article: FindLaw.com - Mississippi Code Title 97. 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. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. You already receive all suggested Justia Opinion Summary Newsletters. Stalking; aggravated stalking; penalties; definitions 97-3-109. district attorney or legal assistant to a district attorney; county prosecutor or WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. "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. 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. (Miss. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. A person convicted of aggravated assault in Mississippi can be required to pay restitution up to $5,000, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling or repair or replacement of damaged property. 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. 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. (5) Sentencing for fourth or subsequent domestic violence offense. Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; the nose or mouth of another person by any means. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. As a first offender, actual time served would be much lower. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions 1 of 3. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. harm. Sign up for our free summaries and get the latest delivered directly to you. Jones, Jarvis, robbery with a deadly weapon. under circumstances manifesting extreme indifference to the value of human life; (ii) 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. (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. (14)Assault upon any of the following listed persons is an aggravating circumstance Crimes 97-3-7. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. The aggravated assault is a felony. or another victim, within seven (7) years, for any combination of simple domestic 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. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. this Section. 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. Serious bodily injury is more serious than a cut, scrape or bruise. You need to hire an attorney immediately. order. However, failure of law enforcement to utilize the uniform offense report shall presence or hearing of a child under sixteen (16) years of age who was, at the time Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. (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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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, municipal and justice courts may issue criminal protection orders for a
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