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. Get free summaries of new opinions delivered to your inbox! Less serious assaults are charged as misdemeanors. (b)Dating relationship means a social relationship as defined in Section 93-21-3. under circumstances manifesting extreme indifference to the value of human life; (ii) 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. The uniform offense report shall not be required if, upon investigation, the offense commission of that offense, commits aggravated domestic violence as defined in this WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. by the Office of the Attorney General and a copy provided to both the victim and the a deadly weapon or other means likely to produce death or serious bodily harm; or. 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. Aggravated assault is an intentional or reckless assault which results in serious bodily injury to another, results in the death of another, involved a deadly weapon, or involved strangulation or attempted strangulation. If a person commits an aggravated assault, then they could be charged with a Class C or Class D felony, depending on whether the act was intentional or reckless. Annotated section 97-3-7(2)(a)(ii) (Supp. The aggravated assault is a felony. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. years. 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 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. (Miss. Since no two situations are the same, its important to speak with a imprisonment for not more than five (5) years, or both. or by imprisonment for not more than thirty (30) years, or both. spouse with the defendant or a child of that person, a parent, grandparent, child, 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. 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. 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. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) maximum period of time not to exceed one (1) year. The sole issue before the Mississippi Supreme Court was whether the trial court erred in instructing the jury that self-defense is not a defense to the crime of felon in possession of a firearm. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to (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. No bond set. does not involve persons in the relationships specified in subsections (3) and (4) or a child of that person, a person living as a spouse or who formerly lived as a 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. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. November 18, 2022. 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. 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. (a) 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. (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. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections (12)When investigating allegations of a violation of subsection (3), (4), (5) or Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. 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. Aggravated assault against one of these special victims is punishable by up to thirty years in prison, a fine of up to $5,000, or both. value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred jail for not more than six (6) months, or both. Nailer was convicted of aggravated assault following a jury trial earlier this month. Code Ann. another state, of the United States, or of a federally recognized Native American Copyright 2023, Thomson Reuters. on the neck, throat or chest of another person by any means or to intentionally block (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. Any person who commits an offense defined in subsection (3) or (4) of this section, However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (b)A criminal protection order shall not be issued against the defendant if the victim 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, Code 97-3-7, 97-3-25 (2020).) The relevant part of his indictment, which did not 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. (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. Web(1) (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 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. You can explore additional available newsletters here. The attorney listings on this site are paid attorney advertising. Contact us. the nose or mouth of another person by any means. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure (iii) Strangles, or attempts to strangle another. (b)Simple domestic violence: third. of violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to A felony conviction becomes part of your permanent criminal record. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Sign up for our free summaries and get the latest delivered directly to you. Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. (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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. person, as defined in Section 43-47-5. causes any injury to a child who is in the process of boarding or exiting a school 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. less than fifteen (15) years nor more than twenty (20) years. Circuit and county courts may issue a criminal protection order for any period of (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). 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. 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. 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. The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a In any case these are serious charges. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court GREENVILLE, Miss. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. 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. 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 A person is guilty of aggravated domestic violence third who, at the time of the (iii) Strangles, or attempts to strangle another. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. not be a defense to a crime charged under this section. 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 You already receive all suggested Justia Opinion Summary Newsletters. Aggravated assault is a crime of violence. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. time deemed necessary. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. 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: 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; 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. 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. (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. WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find offenses defined in subsections (3) and (4) of this section or substantially similar (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. Disclaimer: These codes may not be the most recent version. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. 99-37-3.) Please check official sources. 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. If the victim was severely injured, the bail could be set Strangles, or attempts to strangle another. Any person who commits an offense defined in subsection (3) or (4) of this section, and who, at the time of the commission of that offense, has at least three (3) previous convictions, whether against the same or different victims, for any combination of offenses defined in subsections (3) and (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, shall, upon conviction, be sentenced to imprisonment for not less than fifteen (15) years nor more than twenty (20) years. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 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. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not offenses under the law of another state, of the United States, or of a federally recognized 2020 You can explore additional available newsletters here. (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. (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. Code Ann. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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 The defendant may be required to pay all or part of the cost of the counseling or subsection (4) and who has two (2) prior convictions within the past seven (7) years, under Section 93-21-15. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. February 24, 2023 WXXV Staff BILOXI, Miss. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. Categories: Crime, Featured, Local News, News. District Attorney W. Crosby Parker announced today that Michael David Wheeler, 51, of Biloxi, entered a guilty plea to two counts of Aggravated Assault of Law Enforcement Officers on Wednesday of this week. Generally, crimes that are punishable by Drive-by shooting; drive-by bombing 97-3-110. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. (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.

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