However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. You already receive all suggested Justia Opinion Summary Newsletters. Crimes 97-3-7. enter the order in the Mississippi Protection Order Registry within twenty-four (24) A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. You already receive all suggested Justia Opinion Summary Newsletters. 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. (iii)Strangles, or attempts to strangle another. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. (14)Assault upon any of the following listed persons is an aggravating circumstance Sentencing for fourth or subsequent domestic violence 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. in subsection (14) of this section under the circumstances enumerated in subsection Nailer was convicted of aggravated assault following a jury trial earlier this month. 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. Upon conviction for a violation, the defendant shall be punished by a fine of not WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. subsection (14) of this section under the circumstances enumerated in subsection (14) 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, You can explore additional available newsletters here. The uniform offense report shall not be required if, upon investigation, the offense (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. imprisonment for not more than five (5) years, or both. 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. for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. GREENVILLE, Miss. offenses under the law of another state, of the United States, or of a federally recognized 1 of 3. whether against the same or another victim, for any combination of aggravated domestic However, municipal and justice courts may issue criminal protection orders for a Generally, crimes that are punishable by Drive-by shooting; drive-by bombing 97-3-110. Aggravated assault is a very serious criminal charge. Start here to find criminal defense lawyers near you. Jones, Ricky Lynn, felony DUI. 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. (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. superintendent, principal, teacher or other instructional personnel, school attendance States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or 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. attempts to cause or purposely or knowingly causes bodily injury to another with a Jones, Johnnie, SCS (alprazolam). (b)However, a person convicted of aggravated assault upon any of the persons listed 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 It could be as high as a 15 year maximum sentence. In some states, the information on this website may be considered a lawyer referral service. of the offense, or the victim's lawful representative where the victim is a minor A person is guilty of the felony of simple domestic violence third who commits simple The duration of a criminal protection order shall be based upon the seriousness 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 sheriff's and police chief's associations. causes any injury to a child who is in the process of boarding or exiting a school Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. (iii)Attempts by physical menace to put another in fear of imminent serious bodily violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to Jones, Jarvis, robbery with a deadly weapon. Get free summaries of new opinions delivered to your inbox! For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. (b)Simple domestic violence: third. 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. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the 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 and who, at the time of the commission of that offense, has at least three (3) previous 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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. Cite this article: FindLaw.com - Mississippi Code Title 97. 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. 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. of this section. No bond set. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. time deemed necessary. 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 The actor does not need to intend to injure to the victim. offenses defined in subsections (3) and (4) of this section or substantially similar more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for Strangles, or attempts to strangle another. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. (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 simple domestic violence who: (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. Get free summaries of new opinions delivered to your inbox! Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 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. deadly weapon or other means likely to produce death or serious bodily harm; or (iii) (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. (b) Aggravated domestic violence; third. youth court or a judge of the Court of Appeals or a justice of the Supreme Court; the perpetrator, or the residence where the offense occurred. All rights reserved. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (3) (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 simple domestic violence who: (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. Aggravated assault is a crime of violence. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. Nailer was If the victim was severely injured, the bail could be set 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 Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. You're all set! He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. bodily injury to another, or causes such injury purposely, knowingly or recklessly Discriminatory Intent Enhancement 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. has had a biological or legally adopted child, a person is guilty of simple domestic 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. 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. Copyright 2023, Thomson Reuters. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. Acting with extreme indifference to the value of human life is very similar to recklessness. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. Get free summaries of new opinions delivered to your inbox! The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (8) A person convicted under subsection (4) or (5) of this section shall not be eligible for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. Please check official sources. Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . 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 tribe. The defendant may be required to pay all or part of the cost of the counseling or years. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find 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. Nailer was prosecuted as a habitual offender meaning the 20 years must shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by (iii) Strangles, or attempts to strangle another. You're all set! by the Office of the Attorney General and a copy provided to both the victim and the This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. (3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section 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 and, upon conviction, the defendant shall be punished as provided under subsection (1) of this section; however, upon a third or subsequent conviction of simple 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 not less than five (5) nor more than ten (10) years. Circuit and county courts may issue a criminal protection order for any period of (b) Aggravated domestic violence; third. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. 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. (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. (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. the assault: a statewide elected official; law enforcement officer; fireman; emergency Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. (12)When investigating allegations of a violation of subsection (3), (4), (5) or (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. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. "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. less than five (5) nor more than ten (10) years. 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 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. harm. or by imprisonment for not more than thirty (30) years, or both. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 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. 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. 97-3-7. likely to produce death or serious bodily harm; or. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, We were able to take a violent individual off the streets and show that there are severe consequences for those who do harm to others in Jefferson Davis County. Mississippi law designates several "special" victims including but not limited to: If a special victim is designated by his employment status, he must be performing his duties as an employee at the time of the assault. Weband his son. consider as an aggravating factor whether the crime was committed in the physical 97-3-7.) (1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. less than fifteen (15) years nor more than twenty (20) years. 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. (c)Criminal protection orders shall be issued on the standardized form developed the Department of Corrections for not less than two (2) nor more than twenty (20) a deadly weapon or other means likely to produce death or serious bodily harm; or. Mississippi may have more current or accurate information. 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. While states define and penalize aggravated assault differently, most punish these crimes 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. municipal prosecutor; court reporter employed by a court, court administrator, clerk 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. (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. (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." Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. in consultation with the sheriff's and police chief's associations. presence or hearing of a child under sixteen (16) years of age who was, at the time Read more You can explore additional available newsletters here. grandchild or someone similarly situated to the defendant, a person who has a current "Dating relationship" means a social relationship as defined in Section 93-21-3. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. (5)Sentencing for fourth or subsequent domestic violence offense. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 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. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. Disclaimer: These codes may not be the most recent version. 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. Please check official sources. of (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure
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