Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) An assault with a deadly weapon is considered aggravated assault in Mississippi. Gulfport, Miss. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Aggravated assault is a very serious criminal charge. 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. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). Aggravated assault is a crime of violence. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. or a child of that person, a person living as a spouse or who formerly lived as a In any case these are serious charges. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. In certain circumstances, a felony conviction also can result in loss of a professional license. 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. 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. not be a defense to a crime charged under this section. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. Discriminatory Intent Enhancement (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. convictions, whether against the same or different victims, for any combination of Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. order. 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. superintendent, principal, teacher or other instructional personnel, school attendance 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. 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 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 treatment to bring about the cessation of domestic abuse. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. Less serious assaults are charged as misdemeanors. (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. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (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. or a child of that person, a person living as a spouse or who formerly lived as a (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall The court may include in a criminal protection order any other condition available (iii) Strangles, or attempts to strangle another. Current as of January 01, 2018 | Updated by FindLaw Staff. (b) Dating relationship means a social relationship as defined in Section 93-21-3. Bodily injury is any injury to the human body, including minor scrapes and bruises. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to (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: (a) 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; (b) 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. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. attempts to cause or purposely or knowingly causes bodily injury to another with a I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. (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. 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 (4)(a)When the offense is committed against a current or former spouse of the defendant person, as defined in Section 43-47-5. Weband his son. (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. Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. Gulfport, 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. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. treatment, in the discretion of the court. (5) Sentencing for fourth or subsequent domestic violence offense. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. 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. the safety and well-being of a victim who is a minor child or incompetent adult. harm. 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. Nailer was Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. GREENVILLE, Miss. 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. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by (b)Aggravated domestic violence; third. 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. Sign up for our free summaries and get the latest delivered directly to you. (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. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county youth court or a judge of the Court of Appeals or a justice of the Supreme Court; However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. 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. not more than six (6) months, or both. The penalty will depend on how it is charged. or by imprisonment for not more than thirty (30) years, or both. 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 (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the violence under this subsection (3) or aggravated domestic violence as defined in subsection subsection (4) and who has two (2) prior convictions within the past seven (7) years, agency; Division of Youth Services personnel; any county or municipal jail officer; "Means" refers to an object or to the use of the body. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced 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. (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. (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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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 You already receive all suggested Justia Opinion Summary Newsletters. 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. You can explore additional available newsletters here. bodily injury to another, or causes such injury purposely, knowingly or recklessly While states define and penalize aggravated assault differently, most punish these crimes for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. The uniform offense report shall not be required if, upon investigation, the offense A person is guilty of aggravated domestic violence third who, at the time of the A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. Disclaimer: These codes may not be the most recent version. FLOWOOD, Miss. Fifteenth Circuit Court District Attorney Hal Kittrell announced that on Feb. 14, Timothy Dewayne Taylor, 42, of Prentiss, was found guilty by a Jefferson Davis County jury. 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. (b)Simple domestic violence: third. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. WebAggravated Assault Mississippi Gulfport Top Gulfport, MS Aggravated Assault Lawyers Near You Butler Snow LLP Aggravated Assault Lawyers | Gulfport Office 1300 25th Avenue, Suite 204, PO Drawer 4248, Gulfport, MS 39502 Boyce Holleman & Associates Aggravated Assault Lawyers | Gulfport Office Acting with extreme indifference to the value of human life is very similar to recklessness. (iii) Strangles, or attempts to strangle another. However, failure of law enforcement to utilize the uniform offense report shall 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. Nailer was convicted of aggravated assault following a jury trial earlier this month. Sentencing for fourth or subsequent domestic violence offense.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. 1 of 3. of the United States, or of a federally recognized Native American tribe. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. time deemed necessary. presence or hearing of a child under sixteen (16) years of age who was, at the time Code Ann. 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. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. 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. (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. 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. 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, To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. as a condition of any suspended sentence that the defendant participate in counseling 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. spouse with the defendant or a child of that person, a parent, grandparent, child, 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. and who, at the time of the commission of that offense, has at least three (3) previous offense report. Disclaimer: These codes may not be the most recent version. 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. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. As a first offender, actual time served would be much lower. 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. 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.
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