However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. You're all set! February 24, 2023 WXXV Staff BILOXI, Miss. causes any injury to a child who is in the process of boarding or exiting a school (b)However, a person convicted of aggravated assault upon any of the persons listed Any person who commits an offense defined in subsection (3) or (4) of this section, The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection (8)A person convicted under subsection (4) or (5) of this section shall not be eligible A person convicted of aggravated domestic violence 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. (12)When investigating allegations of a violation of subsection (3), (4), (5) or An assault with a deadly weapon is considered aggravated assault in Mississippi. Cite this article: FindLaw.com - Mississippi Code Title 97. (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. 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. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. (Miss. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. (11) of this section, whether or not an arrest results, law enforcement officers shall "Means" refers to an object or to the use of the body. Annotated section 97-3-7(2)(a)(ii) (Supp. (5)Sentencing for fourth or subsequent domestic violence offense. 99-19-301, 99-19-307.). Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. (1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Upon issuance of a criminal protection order, the clerk of the issuing court shall of the facts before the court, the probability of future violations, and the continued 2016). bodily injury to another with a deadly weapon or other means likely to produce death 97-3-7. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Jones, Ricky Lynn, felony DUI. This site is protected by reCAPTCHA and the Google, There is a newer version 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. the Department of Corrections for not less than two (2) nor more than twenty (20) 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. Crimes 97-3-7. (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. 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. Circuit and county courts may issue a criminal protection order for any period of (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) (iii) Strangles, or attempts to strangle another. (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. presence or hearing of a child under sixteen (16) years of age who was, at the time Get free summaries of new opinions delivered to your inbox! 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. In some states, the information on this website may be considered a lawyer referral service. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions 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. less than fifteen (15) years nor more than twenty (20) years. 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. 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. (b)However, a person convicted of simple assault upon any of the persons listed in All rights reserved. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. 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. subsection (14) of this section under the circumstances enumerated in subsection (14) 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. 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. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. defendant. (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. Do Not Sell or Share My Personal Information, Criminal Domestic Violence Laws in Mississippi, Do Not Sell or Share My Personal Information, attempts to cause serious bodily injury to another person, intentionally or recklessly causes serious bodily injury to another while acting with extreme indifference to human life, attempts or causes bodily injury to another person with a deadly weapon or by other means likely to cause death or serious bodily injury, or. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 2020 (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. Copyright 2023, Thomson Reuters. of the offense, living within either the residence of the victim, the residence of Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] (iii)Attempts by physical menace to put another in fear of imminent serious bodily It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. (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. (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. Stay up-to-date with how the law affects your life. Jones, Johnnie, SCS (alprazolam). 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 | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. (c)Criminal protection orders shall be issued on the standardized form developed WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. 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. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the You're all set! Categories: Crime, Featured, Local News, News. A person who is convicted of simple assault in Mississippi can be sentenced to up to six months in jail, fined up to $500, or both. for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. Penalties for a Conviction on Aggravated Assault Charges Due to the severity of the crime and classification as a violent offense, aggravated assault is always charged as a felony. The base offense is a Second Degree Felony punishable by a mandatory minimum prison sentence of at least two years. No bond set. Get free summaries of new opinions delivered to your inbox! WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. (8) In any conviction of assault as described in any subsection of this section which arises from an incident of domestic violence, the sentencing order shall include the designation "domestic violence." years. maximum period of time not to exceed one (1) year. (b) However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Contact us. Attempts by physical menace to put another in fear of imminent serious bodily harm. shall be empowered to issue a criminal protection order prohibiting the defendant (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. The victim was taken to the hospital, where he is listed in stable but serious condition. jail for not more than six (6) months, or both. Simple assault; aggravated assault; simple domestic violence; simple domestic violence 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. 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. agency; Division of Youth Services personnel; any county or municipal jail officer; The court may include in a criminal protection order any other condition available under Section 93-21-15. (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. November 18, 2022. (b)Simple domestic violence: third.