The uniform offense report shall not be required if, upon investigation, the offense (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. You can explore additional available newsletters here. law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. An assault with a deadly weapon is considered aggravated assault in Mississippi. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. (3)(a)When the offense is committed against a current or former spouse of the defendant The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. municipal prosecutor; court reporter employed by a court, court administrator, clerk 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, 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. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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. 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. When investigating allegations of a violation of subsection (3), (4), (5) or (11) of this section, whether or not an arrest results, 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. Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. or incompetent person, objects to its issuance, except in circumstances where the On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. spouse with the defendant or a child of that person, a parent, grandparent, child, Code Ann. less than five (5) nor more than ten (10) years. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. 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. 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. Discriminatory Intent Enhancement 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 (iii) Strangles, or attempts to strangle another. (b) A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victim's 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. 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. assault Upon conviction, the defendant shall be sentenced to a term of imprisonment not Disclaimer: These codes may not be the most recent version. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (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. 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. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. Mississippi (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." 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. Under Mississippi law, a person commits an aggravated assault if he: Aggravated 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, and the intent of the offender. 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. 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. 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. (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. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. in subsection (14) of this section under the circumstances enumerated in subsection Upon conviction for a violation, the defendant shall be punished by a fine of not of the offense, or the victim's lawful representative where the victim is a minor and who, at the time of the commission of that offense, has at least three (3) previous safety of the victim or another person. district attorney or legal assistant to a district attorney; county prosecutor or 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. 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. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. 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 Stay up-to-date with how the law affects your life. 99-19-301, 99-19-307.). another state, of the United States, or of a federally recognized Native American (11) of this section, whether or not an arrest results, law enforcement officers shall Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; Contact us. 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. (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, superintendent, principal, teacher or other instructional personnel, school attendance Web7031 Koll Center Pkwy, Pleasanton, CA 94566. No bond set. spouse with the defendant or a child of that person, a parent, grandparent, child, You're all set! (Miss. assault offenses defined in subsections (3) and (4) of this section or substantially similar I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. Jones, Demarcus, FIPF, aggravated assault. 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. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. treatment, in the discretion of the court. Mississippi Code Title 97. Crimes 97-3-7 | FindLaw WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. consider as an aggravating factor whether the crime was committed in the physical not more than one (1) year or in the Penitentiary for not more than twenty (20) years. (Miss. The aggravated assault is a felony. of the facts before the court, the probability of future violations, and the continued convictions, whether against the same or different victims, for any combination of November 18, 2022. Bodily injury is any injury to the human body, including minor scrapes and bruises. 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. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. The relevant part of his indictment, which did not Mississippi Code 97-3-7 (2020) - Simple assault; 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. Get free summaries of new opinions delivered to your inbox! has had a biological or legally adopted child, a person is guilty of simple domestic 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. 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 Nailer was prosecuted as a habitual offender meaning the 20 years must A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. (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. The duration of a criminal protection order shall be based upon the seriousness (12) When investigating allegations of a violation of subsection (3), (4), (5) or (11) of this section, whether or not an arrest results, 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. 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 [] aggravated assault A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. (iii)Attempts by physical menace to put another in fear of imminent serious bodily youth court or a judge of the Court of Appeals or a justice of the Supreme Court; the Department of Corrections for not less than two (2) nor more than twenty (20) 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 (1) (a) A person is guilty of simple assault if he or she (i) While aggravated assault is on a list of thirteen offenses in which the charged person cannot be bailed, however, the charged person can be released on bond depending on the judge. Furthermore, the sentence tends to lean on a minimum of one year to a maximum of twenty. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. 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. domestic violence as defined in this subsection (3) and who, at the time of the commission (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable Start here to find criminal defense lawyers near you. 97-3-7 - Simple assault; aggravated assault; simple Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. (Miss. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find (b) Simple domestic violence: third. grandchild or someone similarly situated to the defendant, a person who has a current Nailer was Mississippi Domestic Violence Laws | CriminalDefenseLawyer.com Felony assault in Mississippi is known as "aggravated assault." However, failure of law enforcement to utilize the uniform offense report shall Get free summaries of new opinions delivered to your inbox! Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. by the Office of the Attorney General and a copy provided to both the victim and the (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the 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. Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. Aggravated Assault Attempts to cause serious bodily injury to another, or causes such injury purposely, The actor does not need to intend to injure to the victim. If the victim was severely injured, the bail could be set You already receive all suggested Justia Opinion Summary Newsletters. 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 causes any injury to a child who is in the process of boarding or exiting a school or former dating relationship with the defendant, or a person with whom the defendant All rights reserved. the safety and well-being of a victim who is a minor child or incompetent adult. Penalties For Assault and Aggravated Assault in Mississippi Get free summaries of new opinions delivered to your inbox! He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. As a first offender, actual time served would be much lower. Nailer was convicted of aggravated assault following a jury trial earlier this month. 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. Drive-by shooting; drive-by bombing 97-3-110. Aggravated assault is a very serious criminal charge. Assault Circuit and county courts may issue a criminal protection order for any period of on the neck, throat or chest of another person by any means or to intentionally block in consultation with the sheriff's and police chief's associations. (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. presence or hearing of a child under sixteen (16) years of age who was, at the time under circumstances manifesting extreme indifference to the value of human life; (ii) Aggravated assault is a crime of violence. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. from any contact with the victim. 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. An assault is an aggravated assault if the crime is committed with an object that is dangerous because of the way the object is used. 97-3-7 - Simple assault; aggravated assault; simple FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions 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. 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. Web 97-3-107. (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.