On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. years. 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 to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) (4) of this section or substantially similar offenses under the law of another state, (11) (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. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. Mississippi may have more current or accurate information. Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. 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. 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. 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. Get free summaries of new opinions delivered to your inbox! You're all set! youth court or a judge of the Court of Appeals or a justice of the Supreme Court; This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. of the facts before the court, the probability of future violations, and the continued Drive-by shooting; drive-by bombing 97-3-110. tribe. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. 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. The court may include in a criminal protection order any other condition available under Section 93-21-15. 1 of 3. 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. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. person, as defined in Section 43-47-5. grandchild or someone similarly situated to the defendant, a person who has a current You can explore additional available newsletters here. or former dating relationship with the defendant, or a person with whom the defendant or incompetent person, objects to its issuance, except in circumstances where the (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. Nailer was convicted of aggravated assault following a jury trial earlier this month. The defendant may be required to pay all or part of the cost of the counseling or for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. Sign up for our free summaries and get the latest delivered directly to you. (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. violence under this subsection (3) or aggravated domestic violence as defined in subsection 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 (12)When investigating allegations of a violation of subsection (3), (4), (5) or The court may include in a criminal protection order any other condition available 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. www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. Published 3:37 pm Thursday, February 23, 2023 Gulfport, Miss. Simple assault; aggravated assault; simple domestic violence; simple domestic violence A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. municipal prosecutor; court reporter employed by a court, court administrator, clerk (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. Nailer was prosecuted as a habitual offender meaning the 20 years must (5) Sentencing for fourth or subsequent domestic violence offense. (b) 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. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court The Difference Between Aggravated Assault and Simple Assault Under Mississippi law, a person is guilty of simple assault if they knowingly or recklessly cause bodily injury to another. This can involve using a deadly weapon or creating fear of imminent serious bodily harm. Get free summaries of new opinions delivered to your inbox! (b) Aggravated domestic violence; third. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find enter the order in the Mississippi Protection Order Registry within twenty-four (24) Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. officer or school bus driver; any member of the Mississippi National Guard or United 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 ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. of the offense in question, has two (2) prior convictions, whether against the same A person on supervised probation must meet with a probation officer and comply with conditions of probation such as treatment, maintaining employment and avoiding any further criminal activity or arrests. Aggravated assault is an intentional or reckless assault which results in serious bodily injury to another, results in the death of another, involved a deadly weapon, or involved strangulation or attempted strangulation. If a person commits an aggravated assault, then they could be charged with a Class C or Class D felony, depending on whether the act was intentional or reckless. (5) Sentencing for fourth or subsequent domestic violence offense. The actor does not need to intend to injure to the victim. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). (b) However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. You already receive all suggested Justia Opinion Summary Newsletters. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not from any contact with the victim. Generally, crimes that are punishable by 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 nose or mouth of another person by any means. Felony assault in Mississippi is known as "aggravated assault." Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. You're all set! causes injury to a child who is in the process of boarding or exiting a school bus if the offender has failed to stop for the bus according to traffic laws. Acting with extreme indifference to the value of human life is very similar to recklessness. 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. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Nailer was convicted of aggravated assault following a jury trial earlier this month. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. 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 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. Aggravated domestic violence; third.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. (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. The court may include in a criminal protection order any other condition available under Section 93-21-15. Current as of January 01, 2018 | Updated by FindLaw Staff. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. 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. Bodily injury is any injury to the human body, including minor scrapes and bruises. 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. You already receive all suggested Justia Opinion Summary Newsletters. (b)A criminal protection order shall not be issued against the defendant if the victim not more than six (6) months, or both. (10)Every conviction under subsection (3), (4) or (5) of this section may require In certain circumstances, a felony conviction also can result in loss of a professional license. or another victim, within seven (7) years, for any combination of simple domestic 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 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. 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. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to WebAn 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 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. 99-19-301, 99-19-307.). the assault: a statewide elected official; law enforcement officer; fireman; emergency The attorney listings on this site are paid attorney advertising. Start here to find criminal defense lawyers near you. the safety and well-being of a victim who is a minor child or incompetent adult. Stalking; aggravated stalking; penalties; definitions 97-3-109. (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. A person is guilty of aggravated domestic violence third who, at the time of the Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. The penalty will depend on how it is charged. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. Get free summaries of new opinions delivered to your inbox! Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. jail for not more than six (6) months, or both. (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. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. Upon conviction for a violation, the defendant shall be punished by a fine of not WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. offenses defined in subsections (3) and (4) of this section or substantially similar Mississippi may have more current or accurate information. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 (4)(a)When the offense is committed against a current or former spouse of the defendant (Miss. time deemed necessary. (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. Aggravated assault is a crime of violence. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. under Section 93-21-15. maximum period of time not to exceed one (1) year. (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. While aggravated assault is on a list of thirteen offenses in which the charged person cannot be bailed, however, the charged person can be released on bond depending on the judge. Furthermore, the sentence tends to lean on a minimum of one year to a maximum of twenty. Cite this article: FindLaw.com - Mississippi Code Title 97. (1) (a) A person is guilty of simple assault if he or she (i) Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. (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. Web 97-3-107. (14)Assault upon any of the following listed persons is an aggravating circumstance Nailer was District Attorney W. Crosby Parker announced today that Michael David Wheeler, 51, of Biloxi, entered a guilty plea to two counts of Aggravated Assault of Law Enforcement Officers on Wednesday of this week.