(b) Simple domestic violence: third. Web(2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances Strangles, or attempts to strangle another. (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. MISSISSIPPI 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. the Department of Corrections for not less than two (2) nor more than twenty (20) No bond set. Categories: Crime, Featured, Local News, News. Domestic Violence Law in MS - MCADV 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 For the purposes of this section, "strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck or throat of another person by any means or to intentionally block the nose or mouth of another person by any means. A person is guilty of aggravated domestic violence third who, at the time of the You already receive all suggested Justia Opinion Summary Newsletters. 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. (Miss. (5)Sentencing for fourth or subsequent domestic violence offense. years. Stalking; aggravated stalking; penalties; definitions 97-3-109. 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 Annotated section 97-3-7(2)(a)(ii) (Supp. (5) Sentencing for fourth or subsequent domestic violence offense. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to Published 3:37 pm Thursday, February 23, 2023 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. or serious bodily harm; or (iii) attempts by physical menace to put another in fear 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. (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. Serious bodily injury is more serious than a cut, scrape or bruise. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. 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. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Circuit court docket continued from page 11A - djournal.com more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for aggravated assault November 18, 2022. knowingly or recklessly causes bodily injury to another; (ii) negligently causes We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under subsection (3) or (4) of this section. (b) However, a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both. 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. under circumstances manifesting extreme indifference to the value of human life; (ii) For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. Mississippi Code Ann. (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. causes any injury to a child who is in the process of boarding or exiting a school Mississippi Assault Charges: 10 Most Frequently Asked Questions 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! Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. While states define and penalize aggravated assault differently, most punish these crimes (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. 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. 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 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. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall Prosecutors may bring a charge of aggravated assault in the following circumstances. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. (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. 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. person, as defined in Section 43-47-5. Bodily injury is any injury to the human body, including minor scrapes and bruises. The relevant part of his indictment, which did not Gulfport, Miss. (b)However, a person convicted of simple assault upon any of the persons listed in 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. (1) (a) A person is guilty of simple assault if he or she (i) 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 ($1,000.00) or by imprisonment for not more than five (5) years, or both. You can explore additional available newsletters here. Criminal Defense: Assault and Battery in Mississippi of the offense in question, has two (2) prior convictions, whether against the same Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. The duration of a criminal protection order shall be based upon the seriousness of the facts before the court, the probability of future violations, and the continued safety of the victim or another person. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Aggravated Assault (b)A criminal protection order shall not be issued against the defendant if the victim Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. 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. "Means" refers to an object or to the use of the body. (iii) Strangles, or attempts to strangle another. a person over the age of 64 who is an incapacitated or disabled adult. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. (14)Assault upon any of the following listed persons is an aggravating circumstance The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. Drive-by shooting; drive-by bombing 97-3-110. A person on supervised probation must meet with a probation officer and comply with conditions of probation such as treatment, maintaining employment and avoiding any further criminal activity or arrests. Stanfield v. Mississippi (4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, 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. Get free summaries of new opinions delivered to your inbox! (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. 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. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. (5) Sentencing for fourth or subsequent domestic violence offense. Aggravated assault is a crime of violence. 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. Simple and aggravated assault; simple and aggravated domestic violence. of (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. 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. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. consider as an aggravating factor whether the crime was committed in the physical Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. 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. Web 97-3-107. order. 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 Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." (11) of this section, whether or not an arrest results, law enforcement officers shall (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. officer or school bus driver; any member of the Mississippi National Guard or United Attempts by physical menace to put another in fear of imminent serious bodily harm. 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. Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. Current as of January 01, 2018 | Updated by FindLaw Staff. Upon conviction, the defendant shall be 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. shall be empowered to issue a criminal protection order prohibiting 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. GREENVILLE, Miss. aggravated assault attempts to cause or purposely or knowingly causes bodily injury to another with a Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement.