more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for or deputy clerk of the court; public defender; or utility worker; (b)A legislator while the Legislature is in regular or extraordinary session or while less than five (5) nor more than ten (10) years. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. 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. months, or both. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections (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. Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. of the offense in question, has two (2) prior convictions, whether against the same 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. For example, biting off part of a victim's ear could be considered serious bodily injury. 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. 2014). You can explore additional available newsletters here. (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. enter the order in the Mississippi Protection Order Registry within twenty-four (24) TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. 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. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. (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. Proof that the offender intentionally attacked another is all that the prosecutor needs for a conviction for aggravated assault if a weapon or dangerous means is involved. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. (14)Assault upon any of the following listed persons is an aggravating circumstance 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. (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. 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. (Miss. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 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 (b)However, a person convicted of simple assault upon any of the persons listed in The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. not be a defense to a crime charged under 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. (Miss. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. 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. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 97-3-7. (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. Sign up for our free summaries and get the latest delivered directly to you. 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. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. Upon conviction for a violation, the defendant shall be punished by a fine of not 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 person, as defined in Section 43-47-5. WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. Read more The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. order. 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 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. 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 WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, The court may include in a criminal protection order any other condition available under Section 93-21-15. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. and who, at the time of the commission of that offense, has at least three (3) previous 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 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. time deemed necessary. (iii) Strangles, or attempts to strangle another. presence or hearing of a child under sixteen (16) years of age who was, at the time 2020 (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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 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. 99-19-301, 99-19-307.). Crimes 97-3-7. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. municipal prosecutor; court reporter employed by a court, court administrator, clerk 99-37-3.) This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. The duration of a criminal protection order shall be based upon the seriousness A person is guilty of aggravated domestic violence third who, at the time of the However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (b)Dating relationship means a social relationship as defined in Section 93-21-3. subsection (14) of this section under the circumstances enumerated in subsection (14) (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. (5) Sentencing for fourth or subsequent domestic violence offense. Fists or feet also can cause serious injury, so if an offender attacks a person in a manner that is intense and prolonged, the act can be considered an aggravated assault because the use of the hands or feet can be considered a "dangerous means.". 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. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." February 24, 2023 WXXV Staff BILOXI, Miss. 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. 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, 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. Jones, Johnnie, SCS (alprazolam). The uniform offense report shall not be required if, upon investigation, the offense (b) Simple domestic violence: third. Acting with extreme indifference to the value of human life is very similar to recklessness. or incompetent person, objects to its issuance, except in circumstances where the (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. 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. 1 of 3. If the victim was severely injured, the bail could be set Native American tribe, shall, upon conviction, be sentenced to imprisonment for not domestic violence as defined in this subsection (3) and who, at the time of the commission The court may include in a criminal protection order any other condition available under Section 93-21-15. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. of this section. (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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. (c)Criminal protection orders shall be issued on the standardized form developed WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. However, municipal and justice courts may issue criminal protection orders for a (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county (8)A person convicted under subsection (4) or (5) of this section shall not be eligible Stay up-to-date with how the law affects your life. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. or by imprisonment for not more than thirty (30) years, or both. 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. (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. A person who is convicted of simple assault in Mississippi can be sentenced to up to six months in jail, fined up to $500, or both.
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