(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. In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." Copyright 2023, Thomson Reuters. (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. in subsection (14) of this section under the circumstances enumerated in subsection (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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. time deemed necessary. The defendant may be required to pay all or part of the cost of the counseling or 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.
assault Disclaimer: These codes may not be the most recent version. 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. 99-37-3.) Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113.
Simple Assault 2014). Mississippi may have more current or accurate information. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by
Mississippi Strangulation Laws Categories: Crime, Featured, Local News, News. In any case these are serious charges. (1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. While states define and penalize aggravated assault differently, most punish these crimes BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. (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. Acting with extreme indifference to the value of human life is very similar to recklessness.
(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 if the person is: (a) A statewide elected official; law enforcement officer; fireman; emergency medical personnel; public health personnel; social worker, 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 or school bus driver; 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; or public defender when that person is acting within the scope of his duty, office or employment; (b) 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. Current as of January 01, 2018 | Updated by FindLaw Staff. (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. violence under this subsection (4) or simple domestic violence third as defined in
assault (10)Every conviction under subsection (3), (4) or (5) of this section may require (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 Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property.
Aggravated Assault What Are the Potential Consequences for Aggravated Assault Charges?Class 6 aggravated assault is the least severe aggravated assault charge, punishable by 18 months to three years in prison.Class 5 aggravated assault is punishable by two to four years in prison.Class 4 aggravated assault is punishable by four to eight years in prison.Class 3 aggravated assault is punishable by up to 15 years in prison.More items a deadly weapon or other means likely to produce death or serious bodily harm; or. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. 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. 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. (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." 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 (3) and (4) of this section. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious grandchild or someone similarly situated to the defendant, a person who has a current or serious bodily harm; or (iii) attempts by physical menace to put another in fear (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. This site is protected by reCAPTCHA and the Google, There is a newer version If the victim was severely injured, the bail could be set (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. 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. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. If the defendant violates any conditions set by the Court, he can be required to serve the rest of the sentence in jail or prison. 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. You need to hire an attorney immediately. causes injury to a child who is in the process of boarding or exiting a school bus if the offender has failed to stop for the bus according to traffic laws. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. You already receive all suggested Justia Opinion Summary Newsletters. The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a 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. (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. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection 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. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. (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. (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. of the offense, living within either the residence of the victim, the residence of (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. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to
Mississippi The attorney listings on this site are paid attorney advertising. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. You can explore additional available newsletters here. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 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. 2016). 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. 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 district attorney or legal assistant to a district attorney; county prosecutor or The court may include in a criminal protection order any other condition available under Section 93-21-15. (3)(a)When the offense is committed against a current or former spouse of the defendant www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. (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.
Mississippi Assault Charges: 10 Most Frequently Asked Questions (4) of this section or substantially similar offenses under the law of another state, Assault upon any of the following listed persons is an aggravating circumstance for charging under subsections (1)(b) and (2)(b) of this section: 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; 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. A motor vehicle, a rope, a pair of steel boots, and a stick are all objects that can be used in a manner that is likely to cause serious injury.
Penalties For Assault and Aggravated Assault in Mississippi (b)Simple domestic violence: third. defendant. person, as defined in Section 43-47-5. tribe. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. knowingly or recklessly under circumstances manifesting extreme indifference to the 97-3-7. Sign up for our free summaries and get the latest delivered directly to you. years. by the Office of the Attorney General and a copy provided to both the victim and the Simple and aggravated assault; simple and aggravated domestic violence on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. You're all set! November 18, 2022. (iii)Strangles, or attempts to strangle another. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 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. or incompetent person, objects to its issuance, except in circumstances where the You're all set! (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. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. 97-3-7.) Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] Crimes 97-3-7. or family protection worker employed by the Department of Human Services or another (b)Aggravated domestic violence; third. (iii)Attempts by physical menace to put another in fear of imminent serious bodily Get free summaries of new opinions delivered to your inbox! shall be empowered to issue a criminal protection order prohibiting the defendant (14)Assault upon any of the following listed persons is an aggravating circumstance 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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. 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. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means (b) Aggravated domestic violence; third. 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. agency; Division of Youth Services personnel; any county or municipal jail officer; offense report. under circumstances manifesting extreme indifference to the value of human life; (ii) (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. However, failure of law enforcement to utilize the uniform offense report shall WebAn 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 (b) Aggravated domestic violence; third.
Assault The victim was taken to the hospital, where he is listed in stable but serious condition. in consultation with the sheriff's and police chief's associations. subsection (3) of this section, or substantially similar offenses under the laws of (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)Dating relationship means a social relationship as defined in Section 93-21-3. Upon conviction, the defendant shall be punished by imprisonment in the custody of (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. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. 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
Mississippi Felony Charges and Sentencing 99-19-301, 99-19-307.). has had a biological or legally adopted child, a person is guilty of simple domestic
aggravated assault I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. offenses defined in subsections (3) and (4) of this section or substantially similar (1) (a) A person is guilty of simple assault if he or she (i) 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. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. You can explore additional available newsletters here. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. (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. (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. Jones, Johnnie, SCS (alprazolam). Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred 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. has had a biological or legally adopted child, a person is guilty of aggravated domestic
Assault (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. (4)(a)When the offense is committed against a current or former spouse of the defendant (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. Stalking; aggravated stalking; penalties; definitions 97-3-109. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. In some states, the information on this website may be considered a lawyer referral service. Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years; however, upon a third or subsequent conviction of aggravated 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 of not less than ten (10) nor more than twenty (20) years. grandchild or someone similarly situated to the defendant, a person who has a current
convictions, whether against the same or different victims, for any combination of Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. (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. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. another state, of the United States, or of a federally recognized Native American However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. 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 Simple assault; aggravated assault; simple domestic violence; simple domestic violence the Department of Corrections for not less than two (2) nor more than twenty (20) Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. 2020 this Section. maximum period of time not to exceed one (1) year.
Mississippi 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.