Categories: Crime, Featured, Local News, News. You already receive all suggested Justia Opinion Summary Newsletters. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means 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. harm. (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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 1 of 3. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." An assault with a deadly weapon is considered aggravated assault in Mississippi. (5)Sentencing for fourth or subsequent domestic violence offense. 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, (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. shall be empowered to issue a criminal protection order prohibiting the defendant of the facts before the court, the probability of future violations, and the continued The victim was taken to the hospital, where he is listed in stable but serious condition. defendant. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or Aggravated Assault (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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. The aggravated assault is a felony. 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) (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. 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. (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. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. Bodily injury is any injury to the human body, including minor scrapes and bruises. has had a biological or legally adopted child, a person is guilty of aggravated domestic district attorney or legal assistant to a district attorney; county prosecutor or Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Only someone familiar with the local criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. You already receive all suggested Justia Opinion Summary Newsletters. Generally, crimes that are punishable by You can explore additional available newsletters here. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). You're all set! Mississippi It could be as high as a 15 year maximum sentence. under Section 93-21-15. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. February 24, 2023 WXXV Staff BILOXI, Miss. 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. time deemed necessary. 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. 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. (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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. 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. Gulfport, Miss. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 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. 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. (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. 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. Attempts by physical menace to put another in fear of imminent serious bodily harm. knowingly or recklessly causes bodily injury to another; (ii) negligently causes Mississippi (iii)Attempts by physical menace to put another in fear of imminent serious bodily (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 2016). The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. (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. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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 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. 97-3-7.) Crimes 97-3-7. Code Ann. (b)Simple domestic violence: third. Gulfport, Miss. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. Annotated section 97-3-7(2)(a)(ii) (Supp. Aggravated Assault 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. Aggravated assault is a crime of violence. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. (4)(a)When the offense is committed against a current or former spouse of the defendant aggravated assault or by imprisonment for not more than thirty (30) years, or both. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. convictions, whether against the same or different victims, for any combination of (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions 97-3-7 - Simple assault; aggravated assault; simple Nailer was prosecuted as a habitual offender meaning the 20 years must Blackwell sentences Randall to life in prison on murder charge, The court may include in a criminal protection order any other condition available under Section 93-21-15. Aggravated Assault Laws and Penalties (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Upon conviction, the defendant shall be sentenced to a term of imprisonment not and who, at the time of the commission of that offense, has at least three (3) previous Jones, Jarvis, robbery with a deadly weapon. of this section. to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. WebThe penalty for second-degree aggravated assault is a jail term of two to 20 years, while first-degree aggravated assault penalties can include five to 99 years in jail. officer or school bus driver; any member of the Mississippi National Guard or United superintendent, principal, teacher or other instructional personnel, school attendance this Section. of imminent serious bodily harm; and, upon conviction, he shall be punished by a Nailer was prosecuted as a habitual offender meaning the 20 years must The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. 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 aggravated assault Stay up-to-date with how the law affects your life. (b) Aggravated domestic violence; third. 99-19-301, 99-19-307.). 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. (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. Assault aggravated Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. (b)However, a person convicted of aggravated assault upon any of the persons listed 1 of 3. of the offense, living within either the residence of the victim, the residence of Serious bodily injury is more serious than a cut, scrape or bruise. 97-3-7 - Simple assault; aggravated assault; simple Mississippi Domestic Violence Laws | CriminalDefenseLawyer.com order. or incompetent person, objects to its issuance, except in circumstances where the Aggravated assault is a very serious criminal charge. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property.