to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. (Miss. Jones, Johnnie, SCS (alprazolam). | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. or former dating relationship with the defendant, or a person with whom the defendant Disclaimer: These codes may not be the most recent version. 99-37-3.) shall be empowered to issue a criminal protection order prohibiting the defendant fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to Upon conviction, the defendant shall be sentenced to a term of imprisonment not WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. Simple and aggravated assault; simple and aggravated domestic violence. as a condition of any suspended sentence that the defendant participate in counseling However, municipal and justice courts may issue criminal protection orders for 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. Felony assault in Mississippi is known as "aggravated assault." violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. Nailer was prosecuted as a habitual offender meaning the 20 years must 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, Get free summaries of new opinions delivered to your inbox! Copyright 2023, Thomson Reuters. under Section 93-21-15. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. 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. Please check official sources. Mississippi may have more current or accurate information. Get free summaries of new opinions delivered to your inbox! Strangles, or attempts to strangle another. spouse with the defendant or a child of that person, a parent, grandparent, child, WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. of imminent serious bodily harm; and, upon conviction, he shall be punished by a (14)Assault upon any of the following listed persons is an aggravating circumstance (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. (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. 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 medical personnel; public health personnel; social worker, family protection specialist or treatment to bring about the cessation of domestic abuse. 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. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. 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. Less serious assaults are charged as misdemeanors. Categories: Crime, Featured, Local News, News. (3)(a)When the offense is committed against a current or former spouse of the defendant 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. 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 felony conviction becomes part of your permanent criminal record. court, in its discretion, finds that a criminal protection order is necessary for (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure In any case these are serious charges. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection You're all set! Upon issuance of a criminal protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. This site is protected by reCAPTCHA and the Google, There is a newer version The attorney listings on this site are paid attorney advertising. Current as of January 01, 2018 | Updated by FindLaw Staff. has had a biological or legally adopted child, a person is guilty of aggravated domestic (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 1 of 3. (5) Sentencing for fourth or subsequent domestic violence offense. Stalking; aggravated stalking; penalties; definitions 97-3-109. Jones, Demarcus, FIPF, aggravated assault. of the facts before the court, the probability of future violations, and the continued (1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 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 of the facts before the court, the probability of future violations, and the continued safety of the victim or another person. subsection (14) of this section under the circumstances enumerated in subsection (14) However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (1) (a) A person is guilty of simple assault if he or she (i) 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. 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 defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. of Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. The penalty will depend on how it is charged. the assault: a statewide elected official; law enforcement officer; fireman; emergency For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. For example, biting off part of a victim's ear could be considered serious bodily injury. Get free summaries of new opinions delivered to your inbox! whether against the same or another victim, for any combination of aggravated domestic Sign up for our free summaries and get the latest delivered directly to you. You already receive all suggested Justia Opinion Summary Newsletters. Code Ann. (12)When investigating allegations of a violation of subsection (3), (4), (5) or subsection (4) and who has two (2) prior convictions within the past seven (7) years, (3) (a) When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of simple domestic violence who: (i) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or. Upon issuance of a criminal protection order, the clerk of the issuing court shall It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. (b) However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. (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. 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. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. 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. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). 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. (a) A 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 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 or she shall be punished by imprisonment in the county jail for not more than one (1) year or sentenced to the custody of the Department of Corrections for not more than twenty (20) years. Circuit and county courts may issue a criminal protection order for any period of However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. enter the order in the Mississippi Protection Order Registry within twenty-four (24) GREENVILLE, Miss. value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with (b)A criminal protection order shall not be issued against the defendant if the victim (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions 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 law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. Simple assault; aggravated assault; simple domestic violence; simple domestic violence 2014). 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 more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for Mississippi may have more current or accurate information. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. (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. In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. less than fifteen (15) years nor more than twenty (20) years. Police charged 29-year-old Antonio Jerrod Coleman with two counts of aggravated assault, and 44-year-old Willard Fairley Jr. with one count of aggravated assault and one count of shooting into an occupied dwelling. 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.". Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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 (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, If the charges are not dismissed, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf, or he will prepare a defense and represent you at trial. the perpetrator, or the residence where the offense occurred. Code Ann. The victim was taken to the hospital, where he is listed in stable but serious condition. (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. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the You already receive all suggested Justia Opinion Summary Newsletters. (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. (c)Criminal protection orders shall be issued on the standardized form developed grandchild or someone similarly situated to the defendant, a person who has a current 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. Generally, crimes that are punishable by The court may include in a criminal protection order any other condition available under Section 93-21-15. All rights reserved. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. municipal prosecutor; court reporter employed by a court, court administrator, clerk The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Sign up for our free summaries and get the latest delivered directly to you. Bodily injury is any injury to the human body, including minor scrapes and bruises. 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. 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.
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