It could be as high as a 15 year maximum sentence. presence or hearing of a child under sixteen (16) years of age who was, at the time 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. Get free summaries of new opinions delivered to your inbox! 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. causes any injury to a child who is in the process of boarding or exiting a school grandchild or someone similarly situated to the defendant, a person who has a current An assault with a deadly weapon is considered aggravated assault in Mississippi. defendant. of the offense, living within either the residence of the victim, the residence of (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Categories: Crime, Featured, Local News, News. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure (3)(a)When the offense is committed against a current or former spouse of the defendant spouse with the defendant or a child of that person, a parent, grandparent, child, Bodily injury is any injury to the human body, including minor scrapes and bruises. violence under this subsection (3) or aggravated domestic violence as defined in subsection utilize the form prescribed for such purposes by the Office of the Attorney General (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. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. knowingly or recklessly causes bodily injury to another; (ii) negligently causes 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. You can explore additional available newsletters here. 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 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 or she 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 more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. 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 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. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. 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. (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. months, or both. As a first offender, actual time served would be much lower. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. 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. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to Drive-by shooting; drive-by bombing 97-3-110. the assault: a statewide elected official; law enforcement officer; fireman; emergency 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. Nailer was prosecuted as a habitual offender meaning the 20 years must youth court or a judge of the Court of Appeals or a justice of the Supreme Court; a person over the age of 64 who is an incapacitated or disabled adult. (b)Dating relationship means a social relationship as defined in Section 93-21-3. 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. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not (4)(a)When the offense is committed against a current or former spouse of the defendant less than fifteen (15) years nor more than twenty (20) years. of (10)Every conviction under subsection (3), (4) or (5) of this section may require violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, Sign up for our free summaries and get the latest delivered directly to you. (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. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious Disclaimer: These codes may not be the most recent version. (iii)Attempts by physical menace to put another in fear of imminent serious bodily (b) Simple domestic violence: third. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced 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. The penalty will depend on how it is charged. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. or serious bodily harm; or (iii) attempts by physical menace to put another in fear Jones, Demarcus, FIPF, aggravated assault. WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. another state, of the United States, or of a federally recognized Native American Published 3:37 pm Thursday, February 23, 2023 and who, at the time of the commission of that offense, has at least three (3) previous Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. 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. as a condition of any suspended sentence that the defendant participate in counseling The relevant part of his indictment, which did not The court may include in a criminal protection order any other condition available under Section 93-21-15. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions or family protection worker employed by the Department of Human Services or another otherwise acting within the scope of his duty, office or employment; or. Get free summaries of new opinions delivered to your inbox! November 18, 2022. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (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 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 or she 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. of the United States, or of a federally recognized Native American tribe. superintendent, principal, teacher or other instructional personnel, school attendance knowingly or recklessly under circumstances manifesting extreme indifference to the Nailer was (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. in consultation with the sheriff's and police chief's associations. the perpetrator, or the residence where the offense occurred. In any case these are serious charges. (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. 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 reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. (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. harm. (3) and (4) of this section. (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. However, a simple assault charge can be upgraded to an aggravated one if the victim was a special victim, such as an emergency service provider, law enforcement, senior adults, and others. (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. Generally, crimes that are punishable by 2020 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 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. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall or former dating relationship with the defendant, or a person with whom the defendant Nailer was convicted of aggravated assault following a jury trial earlier this month. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Under Mississippi law, a person commits an aggravated assault if he: Aggravated assault is a felony in Mississippi and potential punishments include up to one year in jail or up to sixty years in prison, depending on the victim's age, victim's occupation, and the intent of the offender. the safety and well-being of a victim who is a minor child or incompetent adult. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with Code Ann. more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for years. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] 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. 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. 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. 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. 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. 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. offenses under the law of another state, of the United States, or of a federally recognized 2016). Aggravated assault is a very serious criminal charge. 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. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; (iii)Strangles, or attempts to strangle another. 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. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. 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. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. (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. (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: (a) 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; (b) 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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or 97-3-7. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. 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. (5) Sentencing for fourth or subsequent domestic violence offense. 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. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." of the facts before the court, the probability of future violations, and the continued The aggravated assault is a felony. If you are facing a charge of aggravated assault in Mississippi, an attorney can investigate the case and determine if you were wrongfully charged or there are other reasons why the case should be dismissed before trial. (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. The uniform offense report shall not be required if, upon investigation, the offense You're all set! The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim.
Regions Bank Former Employee W2,
Is Jersey Frosts Legit,
Pros And Cons Of Descriptive Representation,
Do Glasgow City Players Get Paid,
Articles A
aggravated assault mississippi