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(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. (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. Sign up for our free summaries and get the latest delivered directly to you. 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. "Means" refers to an object or to the use of the body. (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. 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. Nailer was Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. 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. Mississippi Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. (11) of this section, whether or not an arrest results, law enforcement officers shall (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections assault bodily injury to another, or causes such injury purposely, knowingly or recklessly violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to agency; Division of Youth Services personnel; any county or municipal jail officer; Crimes 97-3-7. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. 2 counts of aggravated assault and 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 of imminent serious bodily harm; and, upon conviction, he shall be punished by a commission of that offense, commits aggravated domestic violence as defined in this FLOWOOD, Miss. In certain circumstances, a felony conviction also can result in loss of a professional license. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure Crimes 97-3-7. Nailer was convicted of aggravated assault following a jury trial earlier this month. and who, at the time of the commission of that offense, has at least three (3) previous (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. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means (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. has had a biological or legally adopted child, a person is guilty of aggravated domestic (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Serious bodily injury is more serious than a cut, scrape or bruise. You're all set! years. (b) Simple domestic violence: third. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. violence under this subsection (4) or simple domestic violence third as defined in (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. Get free summaries of new opinions delivered to your inbox! (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. WebAggravated Assault Mississippi Gulfport Top Gulfport, MS Aggravated Assault Lawyers Near You Butler Snow LLP Aggravated Assault Lawyers | Gulfport Office 1300 25th Avenue, Suite 204, PO Drawer 4248, Gulfport, MS 39502 Boyce Holleman & Associates Aggravated Assault Lawyers | Gulfport Office Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. Mississippi This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. treatment, in the discretion of the court. 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. for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. 97-3-7. Simple and aggravated assault; simple and aggravated (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the 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 not more than six (6) months, or both. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. You already receive all suggested Justia Opinion Summary Newsletters. WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. (Miss. aggravated assault more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for Aggravated Assault | Jackson Criminal Lawyer Coxwell & Associates shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both. Nailer was prosecuted as a habitual offender meaning the 20 years must (12) When investigating allegations of a violation of subsection (3), (4), (5) or (11) of this section, whether or not an arrest results, law enforcement officers shall utilize the form prescribed for such purposes by the Office of the Attorney General in consultation with the sheriffs and police chiefs associations. (Miss. The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. as a condition of any suspended sentence that the defendant participate in counseling (1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Upon conviction for a violation, the defendant shall be punished by a fine of not the Department of Corrections for not less than two (2) nor more than twenty (20) Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to 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. Prosecutors may bring a charge of aggravated assault in the following circumstances. 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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. The penalty will depend on how it is charged. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, 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. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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 We were able to take a violent individual off the streets and show that there are severe consequences for those who do harm to others in Jefferson Davis County. (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. (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.