(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. 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. (b)However, a person convicted of simple assault upon any of the persons listed in 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. knowingly or recklessly causes bodily injury to another; (ii) negligently causes A person is guilty of simple assault if he or she (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 or she shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. (b) However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. (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. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. the safety and well-being of a victim who is a minor child or incompetent adult. Jones, Demarcus, FIPF, aggravated assault. Sign up for our free summaries and get the latest delivered directly to you. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to (b) Simple domestic violence: third. Aggravated assault is a very serious criminal charge. 99-19-301, 99-19-307.). Categories: Crime, Featured, Local News, News. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. 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. shall be empowered to issue a criminal protection order prohibiting the defendant law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. or a child of that person, a person living as a spouse or who formerly lived as a Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 Serious bodily injury is more serious than a cut, scrape or bruise. Copyright 2023, Thomson Reuters. 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. 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. Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. For example, biting off part of a victim's ear could be considered serious bodily injury. of the United States, or of a federally recognized Native American tribe. 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. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. 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. In some states, the information on this website may be considered a lawyer referral service. offenses defined in subsections (3) and (4) of this section or substantially similar 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. (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. 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. An 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 and/or hospitalization. The relevant part of his indictment, which did not safety of the victim or another person. subsection (14) of this section under the circumstances enumerated in subsection (14) The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Nailer was the perpetrator, or the residence where the offense occurred. 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. Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) 99-37-3.) of the offense in question, has two (2) prior convictions, whether against the same 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.". violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to 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. imprisonment for not more than five (5) years, or both. (4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, 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. 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. "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. You already receive all suggested Justia Opinion Summary Newsletters. 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. You're all set! less than fifteen (15) years nor more than twenty (20) years. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection (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 (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. (b) However, a person convicted of aggravated assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, 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 Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 2020 Get free summaries of new opinions delivered to your inbox! 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. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. 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. order. of the facts before the court, the probability of future violations, and the continued court, in its discretion, finds that a criminal protection order is necessary 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, knowingly or recklessly under circumstances manifesting extreme indifference to the (14)Assault upon any of the following listed persons is an aggravating circumstance All rights reserved. (a) A person is guilty of simple assault if he or she (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 or she 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. the assault: a statewide elected official; law enforcement officer; fireman; emergency or a child of that person, a person living as a spouse or who formerly lived as a 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. Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 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 superintendent, principal, teacher or other instructional personnel, school attendance On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. Generally, crimes that are punishable by Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. 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. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. 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. Nailer was convicted of aggravated assault following a jury trial earlier this month. 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. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. (iii)Attempts by physical menace to put another in fear of imminent serious bodily does not involve persons in the relationships specified in subsections (3) and (4) (5)Sentencing for fourth or subsequent domestic violence offense. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. officer or school bus driver; any member of the Mississippi National Guard or United 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. 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. 2014). In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." FLOWOOD, Miss. The court may include in a criminal protection order any other condition available under Section 93-21-15. Finding it did not, the Supreme Court affirmed. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious 1 of 3. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. as a condition of any suspended sentence that the defendant participate in counseling (Miss. (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. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select.
