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 court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Jones, Jarvis, robbery with a deadly weapon. This site is protected by reCAPTCHA and the Google, There is a newer version jail for not more than six (6) months, or both. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 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. otherwise acting within the scope of his duty, office or employment; or. Drive-by shooting; drive-by bombing 97-3-110. (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. Mississippi may have more current or accurate information. Aggravated assault is a very serious criminal charge. Upon issuance of a criminal protection order, the clerk of the issuing court shall (4) of this section or substantially similar offenses under the law of another state, or another victim, within seven (7) years, for any combination of simple domestic Strangles, or attempts to strangle another. 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. 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. 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. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county You can explore additional available newsletters here. the safety and well-being of a victim who is a minor child or incompetent adult. a person over the age of 64 who is an incapacitated or disabled adult. (b)Aggravated domestic violence; third. Nailer was convicted of aggravated assault following a jury trial earlier this month. or former dating relationship with the defendant, or a person with whom the defendant 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 court may include in a criminal protection order any other condition available under Section 93-21-15. of the offense, or the victim's lawful representative where the victim is a minor Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. You already receive all suggested Justia Opinion Summary Newsletters. 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Note that under Mississippi's aggravated assault statute, if a person commits an assault with a deadly weapon or by dangerous means, he need only intend minor injury and whether injury actually results is irrelevant. 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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. Finding it did not, the Supreme Court affirmed. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. (14)Assault upon any of the following listed persons is an aggravating circumstance domestic violence as defined in this subsection (3) and who, at the time of the commission (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 shall have served one (1) year of his sentence. You can explore additional available newsletters here. 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 [] district attorney or legal assistant to a district attorney; county prosecutor or (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. A person who is convicted of simple assault in Mississippi can be sentenced to up to six months in jail, fined up to $500, or both. 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. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. (5)Sentencing for fourth or subsequent domestic violence offense. (Miss. 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. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced Please check official sources. You need to hire an attorney immediately. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Crimes 97-3-7. Less serious assaults are charged as misdemeanors. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Read more Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. Code Ann. 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." as a condition of any suspended sentence that the defendant participate in counseling https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. 99-19-301, 99-19-307.). (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. A person is guilty of the felony of simple domestic violence third who commits simple In some states, the information on this website may be considered a lawyer referral service. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. court, in its discretion, finds that a criminal protection order is necessary for has had a biological or legally adopted child, a person is guilty of simple domestic another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means whether against the same or another victim, for any combination of aggravated domestic (5) Sentencing for fourth or subsequent domestic violence offense. utilize the form prescribed for such purposes by the Office of the Attorney General 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. a deadly weapon or other means likely to produce death or serious bodily harm; or. deadly weapon or other means likely to produce death or serious bodily harm; or (iii) (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. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to or incompetent person, objects to its issuance, except in circumstances where the (b) Aggravated domestic violence; third. Current as of January 01, 2018 | Updated by FindLaw Staff. Aggravated assault is a crime of violence. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. The penalty will depend on how it is charged. spouse with the defendant or a child of that person, a parent, grandparent, child, 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. (b) Aggravated domestic violence; third. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Cite this article: FindLaw.com - Mississippi Code Title 97. the nose or mouth of another person by any means. (b)Dating relationship means a social relationship as defined in Section 93-21-3. Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. The attorney listings on this site are paid attorney advertising. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. (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. What Are the Potential Consequences for Aggravated Assault Charges?Class 6 aggravated assault is the least severe aggravated assault charge, punishable by 18 months to three years in prison.Class 5 aggravated assault is punishable by two to four years in prison.Class 4 aggravated assault is punishable by four to eight years in prison.Class 3 aggravated assault is punishable by up to 15 years in prison.More items violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, Start here to find criminal defense lawyers near you. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. As a first offender, actual time served would be much lower. not be a defense to a crime charged under this section. medical personnel; public health personnel; social worker, family protection specialist 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. 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 Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. 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. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. enter the order in the Mississippi Protection Order Registry within twenty-four (24) (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) 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. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. (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.