| https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. causes any injury to a child who is in the process of boarding or exiting a school (a) 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: (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. "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. Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. All rights reserved. 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. 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. more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for offenses defined in subsections (3) and (4) of this section or substantially similar to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. under circumstances manifesting extreme indifference to the value of human life; (ii) (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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. years. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." A person is guilty of aggravated domestic violence third who, at the time of the 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 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 (11) (a) 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. Fists or feet also can cause serious injury, so if an offender attacks a person in a manner that is intense and prolonged, the act can be considered an aggravated assault because the use of the hands or feet can be considered a "dangerous means.". sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform 1 of 3. 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. Simple and aggravated assault; simple and aggravated domestic violence. It could be as high as a 15 year maximum sentence. 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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 99-37-3.) In some states, the information on this website may be considered a lawyer referral service. (b)A criminal protection order shall not be issued against the defendant if the victim Generally, crimes that are punishable by of the offense in question, has two (2) prior convictions, whether against the same of (7) When investigating allegations of a violation of subsection (3) or (4) of this section, 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. this Section. Categories: Crime, Featured, Local News, News. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. 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. violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, Aggravated assault is a crime of violence. bodily injury to another with a deadly weapon or other means likely to produce death commission of that offense, commits aggravated domestic violence as defined in this He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. (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. (5) Sentencing for fourth or subsequent domestic violence offense. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. harm. You can explore additional available newsletters here. (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. Sign up for our free summaries and get the latest delivered directly to you. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." 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. Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. You're all set! Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Nailer was prosecuted as a habitual offender meaning the 20 years must Circuit and county courts may issue a criminal protection order for any period of Native American tribe, shall, upon conviction, be sentenced to imprisonment for not grandchild or someone similarly situated to the defendant, a person who has a current 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. Please check official sources. of the facts before the court, the probability of future violations, and the continued However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 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. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. convictions, whether against the same or different victims, for any combination of otherwise acting within the scope of his duty, office or employment; or. 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. Disclaimer: These codes may not be the most recent version. Serious bodily injury is more serious than a cut, scrape or bruise. the nose or mouth of another person by any means. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or or treatment to bring about the cessation of domestic abuse. or former dating relationship with the defendant, or a person with whom the defendant (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. 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. less than five (5) nor more than ten (10) years. 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 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 or she 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. 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. Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] time deemed necessary. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (11) of this section, whether or not an arrest results, law enforcement officers shall 1 of 3. 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. (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. (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. (Miss. (b)However, a person convicted of simple assault upon any of the persons listed in District Attorney W. Crosby Parker announced today that Michael David Wheeler, 51, of Biloxi, entered a guilty plea to two counts of Aggravated Assault of Law Enforcement Officers on Wednesday of this week. or a child of that person, a person living as a spouse or who formerly lived as a consider as an aggravating factor whether the crime was committed in the physical spouse with the defendant or a child of that person, a parent, grandparent, child, (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. 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. (b) However, a person convicted of simple assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker or family protection specialist or 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 One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both. (4) (a) 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: (i) 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; (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. (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. Mississippi may have more current or accurate information. GREENVILLE, Miss. 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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not Simple assault; aggravated assault; simple domestic violence; simple domestic violence The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. 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. (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. violence under this subsection (4) or simple domestic violence third as defined in 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. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). knowingly or recklessly under circumstances manifesting extreme indifference to the As a first offender, actual time served would be much lower. or a child of that person, a person living as a spouse or who formerly lived as a (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. 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. 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. Prosecutors may bring a charge of aggravated assault in the following circumstances. of the offense, living within either the residence of the victim, the residence of has had a biological or legally adopted child, a person is guilty of simple domestic The penalty will depend on how it is charged. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. 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. 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. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. 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. (Miss. 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 (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. of the offense, or the victim's lawful representative where the victim is a minor You can explore additional available newsletters here. Crimes 97-3-7. (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. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall 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 This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. Strangles, or attempts to strangle another. Upon conviction, the defendant shall be punished by imprisonment in the custody of WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. However, failure of law enforcement to utilize the uniform offense report shall 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. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. While states define and penalize aggravated assault differently, most punish these crimes presence or hearing of a child under sixteen (16) years of age who was, at the time Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. (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. Gulfport, Miss. of WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. not more than six (6) months, or both. 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. (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 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 or she 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. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means (b)Dating relationship means a social relationship as defined in Section 93-21-3. Published 3:37 pm Thursday, February 23, 2023 utilize the form prescribed for such purposes by the Office of the Attorney General tribe. the safety and well-being of a victim who is a minor child or incompetent adult. Sign up for our free summaries and get the latest delivered directly to you.