aggravated assault mississippi

offenses defined in subsections (3) and (4) of this section or substantially similar Web(2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. 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. Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. in subsection (14) of this section under the circumstances enumerated in subsection youth court or a judge of the Court of Appeals or a justice of the Supreme Court; or another victim, within seven (7) years, for any combination of simple domestic presence or hearing of a child under sixteen (16) years of age who was, at the time 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. You can explore additional available newsletters here. (b)Aggravated domestic violence; third. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. FLOWOOD, Miss. 99-19-301, 99-19-307.). Prosecutors may bring a charge of aggravated assault in the following circumstances. for charging under subsections (1)(b) and (2)(b) of this section: (a)When acting within the scope of his duty, office or employment at the time of (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. (Miss. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means An assault is an aggravated assault if the crime is committed with an object that is dangerous because of the way the object is used. (11) of this section, whether or not an arrest results, law enforcement officers shall WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. 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. February 24, 2023 WXXV Staff BILOXI, Miss. Get free summaries of new opinions delivered to your inbox! (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. or serious bodily harm; or (iii) attempts by physical menace to put another in fear of the offense, living within either the residence of the victim, the residence of 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. (iii) Strangles, or attempts to strangle another. shall be empowered to issue a criminal protection order prohibiting the defendant WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. As a first offender, actual time served would be much lower. (b) Simple domestic violence: third. Disclaimer: These codes may not be the most recent version. 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. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. Web 97-3-107. Current as of January 01, 2018 | Updated by FindLaw Staff. (b)However, a person convicted of simple assault upon any of the persons listed in Upon conviction for aggravated domestic violence third, the defendant shall be sentenced (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Nailer was convicted of aggravated assault following a jury trial earlier this month. tribe. or a child of that person, a person living as a spouse or who formerly lived as a violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to However, failure of law enforcement to utilize the uniform offense report shall of the United States, or of a federally recognized Native American tribe. Penalties for a Conviction on Aggravated Assault Charges Due to the severity of the crime and classification as a violent offense, aggravated assault is always charged as a felony. The base offense is a Second Degree Felony punishable by a mandatory minimum prison sentence of at least two years. 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. (Miss. 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. (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. 2014). likely to produce death or serious bodily harm; or. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. 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. You can explore additional available newsletters here. You're all set! Nailer was convicted of aggravated assault following a jury trial earlier this month. or incompetent person, objects to its issuance, except in circumstances where the enter the order in the Mississippi Protection Order Registry within twenty-four (24) As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. Nailer was convicted of aggravated assault following a jury trial earlier this month. 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. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious The sole issue before the Mississippi Supreme Court was whether the trial court erred in instructing the jury that self-defense is not a defense to the crime of felon in possession of a firearm. (8) In any conviction of assault as described in any subsection of this section which arises from an incident of domestic violence, the sentencing order shall include the designation "domestic violence." Upon conviction, the defendant shall be punished by imprisonment in the custody of consider as an aggravating factor whether the crime was committed in the physical For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. 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. Aggravated assault against one of these special victims is punishable by up to thirty years in prison, a fine of up to $5,000, or both. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. (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. (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. 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. 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. 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. (b) A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victims 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. 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. 2020 He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. 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. 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. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to The court may include in a criminal protection order any other condition available under Section 93-21-15. Drive-by shooting; drive-by bombing 97-3-110. 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. Gulfport, Miss. 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. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find (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. Aggravated assault is a crime of violence. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. WebAggravated 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,

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