The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Aggravated assault is a crime of violence. (b)Simple domestic violence: third. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Jones, Jarvis, robbery with a deadly weapon. Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. years. Any person who commits an offense defined in subsection (3) or (4) of this section, 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. the perpetrator, or the residence where the offense occurred. Attempts by physical menace to put another in fear of imminent serious bodily harm. The court may include in a criminal protection order any other condition available under Section 93-21-15. For example, biting off part of a victim's ear could be considered serious bodily injury. court, in its discretion, finds that a criminal protection order is necessary for 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. Attempts to cause serious bodily injury to another, or causes such injury purposely, of the offense, or the victim's lawful representative where the victim is a minor more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for superintendent, principal, teacher or other instructional personnel, school attendance Please check official sources. harm. 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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. bodily injury to another, or causes such injury purposely, knowingly or recklessly not more than six (6) months, or both. Nailer was convicted of aggravated assault following a jury trial earlier this month. Upon conviction for a violation, the defendant shall be punished by a fine of not However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under 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 or former dating relationship with the defendant, or a person with whom the defendant (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. (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. the nose or mouth of another person by any means. However, municipal and justice courts may issue criminal protection orders for a He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. (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. A motor vehicle, a rope, a pair of steel boots, and a stick are all objects that can be used in a manner that is likely to cause serious injury. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. The penalty will depend on how it is charged. Upon conviction, the defendant shall be sentenced to a term of imprisonment not 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. 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) On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. 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 of this section. Crimes 97-3-7. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. (b) Aggravated domestic violence; third. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. a person over the age of 64 who is an incapacitated or disabled adult. 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 Code 97-3-7, 97-3-25 (2020).) The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Generally, crimes that are punishable by As a first offender, actual time served would be much lower. safety of the victim or another person. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. (8) In any conviction of assault as described in any subsection of this section which arises from an incident of domestic violence, the sentencing order shall include the designation "domestic violence." offenses defined in subsections (3) and (4) of this section or substantially similar from any contact with the victim. Since no two situations are the same, its important to speak with a 1 of 3. (7) Reasonable discipline of a child, such as spanking, is not an offense under 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. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. youth court or a judge of the Court of Appeals or a justice of the Supreme Court; Sign up for our free summaries and get the latest delivered directly to you. 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. of the offense in question, has two (2) prior convictions, whether against the same No bond set. this Section. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. of subsection (4) and who has two (2) prior convictions within the past seven (7) years, 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 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. 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: Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; Negligently 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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