You need to hire an attorney immediately. (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. (iii) Strangles, or attempts to strangle another. (6) Every conviction of domestic violence 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. Get free summaries of new opinions delivered to your inbox! "Means" refers to an object or to the use of the body. 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. Since no two situations are the same, its important to speak with a shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by (3) and (4) of this section. grandchild or someone similarly situated to the defendant, a person who has a current BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. grandchild or someone similarly situated to the defendant, a person who has a current law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. spouse with the defendant or a child of that person, a parent, grandparent, child, under Section 93-21-15. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. Felony assault in Mississippi is known as "aggravated assault." (b) However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. enter the order in the Mississippi Protection Order Registry within twenty-four (24) (b)Aggravated domestic violence; third. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 97-3-7. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. of imminent serious bodily harm; and, upon conviction, he shall be punished by a shall be empowered to issue a criminal protection order prohibiting the defendant (b) 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (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. Nailer was prosecuted as a habitual offender meaning the 20 years must Please check official sources. The court may include in a criminal protection order any other condition available under Section 93-21-15. Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. Weband his son. 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. subsection (14) of this section under the circumstances enumerated in subsection (14) (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. FLOWOOD, Miss. February 24, 2023 WXXV Staff BILOXI, Miss. youth court or a judge of the Court of Appeals or a justice of the Supreme Court; Upon conviction, the defendant shall be punished by imprisonment in the custody of (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." 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. subsection (3) of this section, or substantially similar offenses under the laws of Web 97-3-107. 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. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. (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. A motor vehicle, a rope, a pair of steel boots, and a stick are all objects that can be used in a manner that is likely to cause serious injury. (5) Sentencing for fourth or subsequent domestic violence offense. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection 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 of the offense in question, has two (2) prior convictions, whether against the same (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. (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. Any person who commits an offense defined in subsection (3) or (4) of 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. or a child of that person, a person living as a spouse or who formerly lived as a to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure 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. 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. 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. 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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. (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." (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court Crimes 97-3-7. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. Bodily injury is any injury to the human body, including minor scrapes and bruises. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. 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. superintendent, principal, teacher or other instructional personnel, school attendance (b)Dating relationship means a social relationship as defined in Section 93-21-3. The actor does not need to intend to injure to the victim. WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. 99-19-301, 99-19-307.). more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for or by imprisonment for not more than thirty (30) years, or both. 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 Attempts by physical menace to put another in fear of imminent serious bodily harm. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. 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. No bond set. The uniform offense report shall not be required if, upon investigation, the offense Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. You're all set! (5) Sentencing for fourth or subsequent domestic violence offense. offenses defined in subsections (3) and (4) of this section or substantially similar 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. (iii)Attempts by physical menace to put another in fear of imminent serious bodily Circuit and county courts may issue a criminal protection order for any period of However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. Acting with extreme indifference to the value of human life is very similar to recklessness. 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. (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable You can explore additional available newsletters here. harm. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. 2014). In certain circumstances, a felony conviction also can result in loss of a professional license. knowingly or recklessly under circumstances manifesting extreme indifference to the (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. Get free summaries of new opinions delivered to your inbox! or another victim, within seven (7) years, for any combination of simple domestic 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. 2020 of the United States, or of a federally recognized Native American tribe. 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 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. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Aggravated assault committed against a current or former spouse, a family member who resides or previously resided with the offender, a parent, grandparent, child, grandchild, or someone whom the offender is dating is aggravated domestic violence and can subject the offender to higher penalties under certain circumstances. Code Ann. 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. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. 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. (b)However, a person convicted of aggravated assault upon any of the persons listed The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. by the Office of the Attorney General and a copy provided to both the victim and the in consultation with the sheriff's and police chief's associations. "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. (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. 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. Finding it did not, the Supreme Court affirmed. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. 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. Jones, Johnnie, SCS (alprazolam). You already receive all suggested Justia Opinion Summary Newsletters. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find All rights reserved. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced Less serious assaults are charged as misdemeanors. Prosecutors may bring a charge of aggravated assault in the following circumstances. You already receive all suggested Justia Opinion Summary Newsletters. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 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. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. You can explore additional available newsletters here. (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. As a first offender, actual time served would be much lower. 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. attempts to cause or purposely or knowingly causes bodily injury to another with a 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. Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years; however, upon a third or subsequent conviction of aggravated 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 of not less than ten (10) nor more than twenty (20) years. or serious bodily harm; or (iii) attempts by physical menace to put another in fear However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, 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. Aggravated assault against one of these special victims is punishable by up to thirty years in prison, a fine of up to $5,000, or both. 2016). An assault is an aggravated assault if the offender causes or attempts to cause a broken bone, disfigurement, loss of a limb, a serious head injury, or an injury that requires surgery and/or hospitalization. Only someone familiar with the local criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table. (b)A criminal protection order shall not be issued against the defendant if the victim Nailer was prosecuted as a habitual offender meaning the 20 years must You already receive all suggested Justia Opinion Summary Newsletters. Sign up for our free summaries and get the latest delivered directly to you. imprisonment for not more than five (5) years, or both. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. a person over the age of 64 who is an incapacitated or disabled adult. Published 3:37 pm Thursday, February 23, 2023 However, a simple assault charge can be upgraded to an aggravated one if the victim was a special victim, such as an emergency service provider, law enforcement, senior adults, and others. (b) Aggravated domestic violence; third. the nose or mouth of another person by any means. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. The defendant may be required to pay all or part of the cost of the counseling or (iii) Strangles, or attempts to strangle another. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. A person convicted of aggravated domestic violence 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. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. (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 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. The victim was taken to the hospital, where he is listed in stable but serious condition. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to No bond set. on the neck, throat or chest of another person by any means or to intentionally block (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. 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. (b) Aggravated domestic violence; third. of the offense, or the victim's lawful representative where the victim is a minor (14)Assault upon any of the following listed persons is an aggravating circumstance 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. 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. Under Mississippi law, a person commits an aggravated assault if he: Aggravated 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, and the intent of the offender. (Miss. The penalty will depend on how it is charged. However, failure of law enforcement to utilize the uniform offense report shall