If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. (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. 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 Crimes 97-3-7. The uniform offense report shall not be required if, upon investigation, the offense does not involve persons in the relationships specified in subsections (3) and (4) of this section. (b) Aggravated domestic violence; third. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. (b) Dating relationship means a social relationship as defined in Section 93-21-3. spouse with the defendant or a child of that person, a parent, grandparent, child, less than five (5) nor more than ten (10) 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. You need to hire an attorney immediately. 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. likely to produce death or serious bodily harm; or. of the United States, or of a federally recognized Native American tribe. 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.". (iii) Strangles, or attempts to strangle another. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. The attorney listings on this site are paid attorney advertising. Mississippi may have more current or accurate information. 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. (b)A criminal protection order shall not be issued against the defendant if the victim (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. 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. In some states, the information on this website may be considered a lawyer referral service. The victim was taken to the hospital, where he is listed in stable but serious condition. A person on supervised probation must meet with a probation officer and comply with conditions of probation such as treatment, maintaining employment and avoiding any further criminal activity or arrests. Generally, crimes that are punishable by It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. Nailer was GREENVILLE, Miss. 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. If the victim was severely injured, the bail could be set November 18, 2022. this Section. grandchild or someone similarly situated to the defendant, a person who has a current In sentencing, 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. 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. 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. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. 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. (11) of this section, whether or not an arrest results, law enforcement officers shall A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. shall be empowered to issue a criminal protection order prohibiting the defendant 97-3-7. Disclaimer: These codes may not be the most recent version. 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. or former dating relationship with the defendant, or a person with whom the defendant convictions, whether against the same or different victims, for any combination of The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or The uniform offense report shall not be required if, upon investigation, the offense (b)Aggravated domestic violence; third. Annotated section 97-3-7(2)(a)(ii) (Supp. from any contact with the victim. 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 He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. (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. WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. Please check official sources. (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. 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. (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. (b) Aggravated domestic violence; third. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. Aggravated assault is a very serious criminal charge. (4) of this section or substantially similar offenses under the law of another state, 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. (Miss. as a condition of any suspended sentence that the defendant participate in counseling Nailer was convicted of aggravated assault following a jury trial earlier this month. WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. The court may include in a criminal protection order any other condition available under Section 93-21-15. of subsection (14) of this section under the circumstances enumerated in subsection (14) 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. (10)Every conviction under subsection (3), (4) or (5) of this section may require or a child of that person, a person living as a spouse or who formerly lived as a Serious bodily injury is more serious than a cut, scrape or bruise. Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) (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. not more than six (6) months, or both. 1 of 3. 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 A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. a person over the age of 64 who is an incapacitated or disabled adult. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. the perpetrator, or the residence where the offense occurred. imprisonment for not more than five (5) years, or both. (iii)Attempts by physical menace to put another in fear of imminent serious bodily Crimes 97-3-7. Acting with extreme indifference to the value of human life is very similar to recklessness. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. 2020 WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. (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. (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. 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. (Miss. WebIn Mississippi and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder and rape) have no statute of limitationsmeaning a criminal case can be filed at any time. of the offense, or the victim's lawful representative where the victim is a minor (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 For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. Cite this article: FindLaw.com - Mississippi Code Title 97. (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 against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. Code 97-3-7, 97-3-25 (2020).) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. You already receive all suggested Justia Opinion Summary Newsletters. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast.
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aggravated assault mississippi