(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. 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 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. (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. 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. 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. from any contact with the victim. (10)Every conviction under subsection (3), (4) or (5) of this section may require Mississippi Domestic Violence Laws | CriminalDefenseLawyer.com (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. (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. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Mississippi (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 (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. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 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. offense report. or by imprisonment for not more than thirty (30) years, or both. The court may include in a criminal protection order any other condition available under Section 93-21-15. 97-3-7 - Simple assault; aggravated assault; simple Serious bodily injury is more serious than a cut, scrape or bruise. Circuit and county courts may issue a criminal protection order for any period of 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. Mississippi Code Title 97. Crimes 97-3-7 | FindLaw treatment, in the discretion of the court. GREENVILLE, Miss. While states define and penalize aggravated assault differently, most punish these crimes (iii) Strangles, or attempts to strangle another. Attempts to cause serious bodily injury to another, or causes such injury purposely, However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. The uniform offense report shall not be required if, upon investigation, the offense 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. Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. jail for not more than six (6) months, or both. (Miss. in subsection (14) of this section under the circumstances enumerated in subsection 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. imprisonment for not more than five (5) years, or both. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall No bond set. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Gulfport, Miss. 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 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. (4) (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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 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. (iii)Attempts by physical menace to put another in fear of imminent serious bodily | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. aggravated assault Criminal Defense: Assault and Battery in Mississippi 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. aggravated assault If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. 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 Simple assault; aggravated assault; simple domestic violence; simple domestic violence another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means of the offense in question, has two (2) prior convictions, whether against the same (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Mississippi Assault Charges: 10 Most Frequently Asked Questions Drive-by shooting; drive-by bombing 97-3-110. 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. time deemed necessary. does not involve persons in the relationships specified in subsections (3) and (4) (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. 1 of 3. shall be empowered to issue a criminal protection order prohibiting the defendant A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. Get free summaries of new opinions delivered to your inbox! 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. You're all set! It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. Discriminatory Intent Enhancement Disclaimer: These codes may not be the most recent version. Code Ann. Mississippi 99-19-301, 99-19-307.). 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 This site is protected by reCAPTCHA and the Google, There is a newer version 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. Acting with extreme indifference to the value of human life is very similar to recklessness. 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. (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. www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. Any person who commits an offense defined in subsection (3) or (4) of this section, 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. spouse with the defendant or a child of that person, a parent, grandparent, child, (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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. grandchild or someone similarly situated to the defendant, a person who has a current (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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 domestic violence as defined in this subsection (3) and who, at the time of the commission Assault (5) Sentencing for fourth or subsequent domestic violence offense. court, in its discretion, finds that a criminal protection order is necessary for (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. violence under this subsection (4) or simple domestic violence third as defined in You already receive all suggested Justia Opinion Summary Newsletters. (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. (12)When investigating allegations of a violation of subsection (3), (4), (5) or Upon issuance of a criminal protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. order. aggravated assault 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. consider as an aggravating factor whether the crime was committed in the physical Aggravated Assault | Jackson Criminal Lawyer Coxwell & Associates (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform (3)(a)When the offense is committed against a current or former spouse of the defendant WebA 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 On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. this Section. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. knowingly or recklessly under circumstances manifesting extreme indifference to the All rights reserved. under circumstances manifesting extreme indifference to the value of human life; (ii) (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.