aggravated not more than one (1) year or in the Penitentiary for not more than twenty (20) years. For the purposes of this section, "strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck or throat of another person by any means or to intentionally block the nose or mouth of another person by any means. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. You're all set! Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. in subsection (14) of this section under the circumstances enumerated in subsection of (a) 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. causes any injury to a child who is in the process of boarding or exiting a school The attorney listings on this site are paid attorney advertising. The penalty will depend on how it is charged. 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. 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. 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. (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, or serious bodily harm; or (iii) attempts by physical menace to put another in fear In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. Code 97-3-7, 97-3-25 (2020).) In sentencing, 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. Assault in Mississippi is defined as when a person (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes (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. Mississippi 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. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. (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 or she shall have served one (1) year of his or her sentence. 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. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. Weband his son. order. (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. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not 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. Disclaimer: These codes may not be the most recent version. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. less than fifteen (15) years nor more than twenty (20) years. offenses defined in subsections (3) and (4) of this section or substantially similar Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. Code Ann. (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. Strangles, or attempts to strangle another. aggravated assault (b) Simple domestic violence: third. 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. law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. spouse with the defendant or a child of that person, a parent, grandparent, child, You already receive all suggested Justia Opinion Summary Newsletters. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. defendant. tribe. (3)(a)When the offense is committed against a current or former spouse of the defendant of the offense, or the victim's lawful representative where the victim is a minor 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. Mississippi may have more current or accurate information. 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. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in 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. Mississippi Aggravated Assault | Jackson Criminal Lawyer Coxwell & Associates 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. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. Mississippi Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; Acting with extreme indifference to the value of human life is very similar to recklessness. utilize the form prescribed for such purposes by the Office of the Attorney General A person is guilty of aggravated domestic violence third who, at the time of the violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to or a child of that person, a person living as a spouse or who formerly lived as a 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. The court may include in a criminal protection order any other condition available under Section 93-21-15. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. not more than six (6) months, or both. the Department of Corrections for not less than two (2) nor more than twenty (20) (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 convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the 97-3-7 - Simple assault; aggravated assault; simple This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. or former dating relationship with the defendant, or a person with whom the defendant of the facts before the court, the probability of future violations, and the continued Please check official sources. The duration of a criminal protection order shall be based upon the seriousness It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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.". A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. 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. Jones, Ricky Lynn, felony DUI. Domestic Violence Law in MS - MCADV commission of that offense, commits aggravated domestic violence as defined in this 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. A Mississippi man is accused of beating up a teenager, then dumping him into a creek after promising the injured teen he would take him to a hospital. by the Office of the Attorney General and a copy provided to both the victim and the 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 I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. However, municipal and justice courts may issue criminal protection orders for a 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. (Miss. 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. on the neck, throat or chest of another person by any means or to intentionally block 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. Code Ann. offense report. While states define and penalize aggravated assault differently, most punish these crimes Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 99-37-3.) (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. (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. the assault: a statewide elected official; law enforcement officer; fireman; emergency Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. 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. and who, at the time of the commission of that offense, has at least three (3) previous the safety and well-being of a victim who is a minor child or incompetent adult. A felony conviction becomes part of your permanent criminal record. 2 counts of aggravated assault and (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. deadly weapon or other means likely to produce death or serious bodily harm; or (iii) a deadly weapon or other means likely to produce death or serious bodily harm; or. "Means" refers to an object or to the use of the body. (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. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (11) of this section, whether or not an arrest results, law enforcement officers shall Gulfport, Miss. "Dating relationship" means a social relationship as defined in Section 93-21-3. (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. 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 Mississippi a person over the age of 64 who is an incapacitated or disabled adult. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). assault Mississippi court, in its discretion, finds that a criminal protection order is necessary for the nose or mouth of another person by any means. (iii) Strangles, or attempts to strangle another. Sign up for our free summaries and get the latest delivered directly to you. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. For example, biting off part of a victim's ear could be considered serious bodily injury. enter the order in the Mississippi Protection Order Registry within twenty-four (24) Mississippi The uniform offense report shall not be required if, upon investigation, the offense Gulfport, Miss. You're all set! Jones, Jarvis, robbery with a deadly weapon. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find (4) of this section or substantially similar offenses under the law of another state, You need to hire an attorney immediately. Jones, Demarcus, FIPF, aggravated assault. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions 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. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection (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. violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, (Miss. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a 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. (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) grandchild or someone similarly situated to the defendant, a person who has a current Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (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. (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. violence under this subsection (3) or aggravated domestic violence as defined in subsection 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. another state, of the United States, or of a federally recognized Native American Get free summaries of new opinions delivered to your inbox! (14)Assault upon any of the following listed persons is an aggravating circumstance