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 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. this Section. imprisonment for not more than five (5) years, or both. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means 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. this Section. Nailer was convicted of aggravated assault following a jury trial earlier this month. another state, of the United States, or of a federally recognized Native American violence under this subsection (3) or aggravated domestic violence as defined in subsection Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. convictions, whether against the same or different victims, for any combination of (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. The sole issue before the Mississippi Supreme Court was whether the trial court erred in instructing the jury that self-defense is not a defense to the crime of felon in possession of a firearm. (5)Sentencing for fourth or subsequent domestic violence offense. (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. 97-3-7.) a person over the age of 64 who is an incapacitated or disabled adult. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. 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. Get free summaries of new opinions delivered to your inbox! of Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (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 (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. Any person who commits an offense defined in subsection (3) or (4) of this section, not be a defense to a crime charged under this section. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Jones, Johnnie, SCS (alprazolam). Aggravated assault is an intentional or reckless assault which results in serious bodily injury to another, results in the death of another, involved a deadly weapon, or involved strangulation or attempted strangulation. If a person commits an aggravated assault, then they could be charged with a Class C or Class D felony, depending on whether the act was intentional or reckless. However, failure of law enforcement to utilize the uniform offense report shall hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. Drive-by shooting; drive-by bombing 97-3-110. Finding it did not, the Supreme Court affirmed. Upon conviction, the defendant shall be punished by imprisonment in the custody of The uniform offense report shall not be required if, upon investigation, the offense Proof that the offender intentionally attacked another is all that the prosecutor needs for a conviction for aggravated assault if a weapon or dangerous means is involved. or a child of that person, a person living as a spouse or who formerly lived as a 2014). 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 Disclaimer: These codes may not be the most recent version. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. The relevant part of his indictment, which did not You can explore additional available newsletters here. https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. tribe. The attorney listings on this site are paid attorney advertising. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. Assault in Mississippi is defined as when a person (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes (5) Sentencing for fourth or subsequent domestic violence offense. Generally, crimes that are punishable by grandchild or someone similarly situated to the defendant, a person who has a current a deadly weapon or other means likely to produce death or serious bodily harm; or. Nailer was convicted of aggravated assault following a jury trial earlier this month. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. 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. Bodily injury is any injury to the human body, including minor scrapes and bruises. (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." (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. months, or both. 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 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. Crimes 97-3-7. An assault with a deadly weapon is considered aggravated assault in Mississippi. Categories: Crime, Featured, Local News, News. A person is guilty of aggravated domestic violence third who, at the time of the under Section 93-21-15. Aggravated assault against one of these special victims is punishable by up to thirty years in prison, a fine of up to $5,000, or both. 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. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 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. 99-19-301, 99-19-307.). (iii) Strangles, or attempts to strangle another. Since no two situations are the same, its important to speak with a 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. Aggravated domestic violence; third.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. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. The actor does not need to intend to injure to the victim. 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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. WebA person is guilty of aggravated assault if he or she (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances bodily injury to another with a deadly weapon or other means likely to produce death If the victim was severely injured, the bail could be set (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 sheriffs and police chiefs associations. subsection (3) of this section, or substantially similar offenses under the laws of from any contact with the victim. You can explore additional available newsletters here. 97-3-7. The penalty will depend on how it is charged. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. Get free summaries of new opinions delivered to your inbox! 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. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court "Means" refers to an object or to the use of the body. Mississippi law designates several "special" victims including but not limited to: If a special victim is designated by his employment status, he must be performing his duties as an employee at the time of the assault. February 24, 2023 WXXV Staff BILOXI, Miss. 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. (3) and (4) of this section. (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. Simple assault; aggravated assault; simple domestic violence; simple domestic violence Weband his son. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or Serious bodily injury is more serious than a cut, scrape or bruise. (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. the Department of Corrections for not less than two (2) nor more than twenty (20) You already receive all suggested Justia Opinion Summary Newsletters. 99-37-3.) (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. 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. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. (Miss. (6) Every conviction of domestic violence 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. Web 97-3-107. 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. Less serious assaults are charged as misdemeanors. not more than six (6) months, or both. knowingly or recklessly under circumstances manifesting extreme indifference to the on the neck, throat or chest of another person by any means or to intentionally block Upon conviction for a violation, the defendant shall be punished by a fine of not (iii)Strangles, or attempts to strangle another. No bond set. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. (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. by the Office of the Attorney General and a copy provided to both the victim and the 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. whether against the same or another victim, for any combination of aggravated domestic (Miss. of imminent serious bodily harm; and, upon conviction, he shall be punished by a 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. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Simple and aggravated assault; simple and aggravated domestic violence. "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. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. 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. 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 court may include in a criminal protection order any other condition available under Section 93-21-15. In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." You're all set! (10)Every conviction under subsection (3), (4) or (5) of this section may require November 18, 2022. 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. 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. Annotated section 97-3-7(2)(a)(ii) (Supp. Stalking; aggravated stalking; penalties; definitions 97-3-109. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. person, as defined in Section 43-47-5. (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. 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. In certain circumstances, a felony conviction also can result in loss of a professional license. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. 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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. (b) Dating relationship means a social relationship as defined in Section 93-21-3. (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. 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. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. of 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, agency; Division of Youth Services personnel; any county or municipal jail officer; (8)A person convicted under subsection (4) or (5) of this section shall not be eligible (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." The aggravated assault is a felony. 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. 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. Code 97-3-7, 97-3-25 (2020).) domestic violence as defined in this subsection (3) and who, at the time of the commission the nose or mouth of another person by any means. does not involve persons in the relationships specified in subsections (3) and (4) The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. under circumstances manifesting extreme indifference to the value of human life; (ii) The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 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.