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 convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. order. The actor does not need to intend to injure to the victim. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. grandchild or someone similarly situated to the defendant, a person who has a current You're all set! (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. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. (12)When investigating allegations of a violation of subsection (3), (4), (5) or A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. subsection (3) of this section, or substantially similar offenses under the laws of 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 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.". www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. 97-3-7. (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable 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. 1 of 3. Annotated section 97-3-7(2)(a)(ii) (Supp. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious Prosecutors may bring a charge of aggravated assault in the following circumstances. 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. Current as of January 01, 2018 | Updated by FindLaw Staff. 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 Acting with extreme indifference to the value of human life is very similar to recklessness. 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. 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. grandchild or someone similarly situated to the defendant, a person who has a current The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Nailer was (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. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. 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. WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. The court may include in a criminal protection order any other condition available under Section 93-21-15. tribe. 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: 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; 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. Nailer was convicted of aggravated assault following a jury trial earlier this month. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. 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. (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. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. spouse with the defendant or a child of that person, a parent, grandparent, child, (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. 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. enter the order in the Mississippi Protection Order Registry within twenty-four (24) In certain circumstances, a felony conviction also can result in loss of a professional license. The duration of a criminal protection order shall be based upon the seriousness months, or both. (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. municipal prosecutor; court reporter employed by a court, court administrator, clerk (b) Aggravated domestic violence; third. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not Jones, Ricky Lynn, felony DUI. Sign up for our free summaries and get the latest delivered directly to you. Stay up-to-date with how the law affects your life. another state, of the United States, or of a federally recognized Native American Nailer was convicted of aggravated assault following a jury trial earlier this month. harm. 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. Weband his son. 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. 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. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. of bodily injury to another, or causes such injury purposely, knowingly or recklessly Start here to find criminal defense lawyers near you. (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. 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. 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. (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. A court in Mississippi can suspend all or a portion of a jail or prison sentence as long as the defendant successfully completes probation and/or any other conditions the court imposes. (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, A person is guilty of the felony of simple domestic violence third who commits simple In some states, the information on this website may be considered a lawyer referral service. 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. 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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) 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. law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Gulfport, 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. 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. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. Get free summaries of new opinions delivered to your inbox! Simple and aggravated assault; simple and aggravated domestic violence. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. (b) However, a person convicted of aggravated assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, 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 Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. 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. The court may include in a criminal protection order any other condition available youth court or a judge of the Court of Appeals or a justice of the Supreme Court; 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. spouse with the defendant or a child of that person, a parent, grandparent, child, Please check official sources. "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. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court Published 3:37 pm Thursday, February 23, 2023 99-37-3.) another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means (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. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. Sign up for our free summaries and get the latest delivered directly to you. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. knowingly or recklessly causes bodily injury to another; (ii) negligently causes Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. (10)Every conviction under subsection (3), (4) or (5) of this section may require district attorney or legal assistant to a district attorney; county prosecutor or or former dating relationship with the defendant, or a person with whom the defendant Sign up for our free summaries and get the latest delivered directly to you. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. or a child of that person, a person living as a spouse or who formerly lived as a 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. Strangles, or attempts to strangle another. offenses under the law of another state, of the United States, or of a federally recognized (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. 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. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. You already receive all suggested Justia Opinion Summary Newsletters. 2020 whether against the same or another victim, for any combination of aggravated domestic (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.
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