shall be empowered to issue a criminal protection order prohibiting the defendant Sign up for our free summaries and get the latest delivered directly to you. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under subsection (3) or (4) of this section. I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. The court may include in a criminal protection order any other condition available under Section 93-21-15. 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. Code Ann. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. 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. Attempts to cause serious bodily injury to another, or causes such injury purposely, 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. (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. Start here to find criminal defense lawyers near you. You can explore additional available newsletters here. Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. 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. 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. jail for not more than six (6) months, or both. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Nailer was convicted of aggravated assault following a jury trial earlier this month. 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 For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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. of imminent serious bodily harm; and, upon conviction, he shall be punished by a 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 Attempts by physical menace to put another in fear of imminent serious bodily harm. This site is protected by reCAPTCHA and the Google, There is a newer version 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. (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. district attorney or legal assistant to a district attorney; county prosecutor or (b) Aggravated domestic violence; third. has had a biological or legally adopted child, a person is guilty of aggravated domestic (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. Code 97-3-7, 97-3-25 (2020).) (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. not be a defense to a crime charged under this section. (iii) Strangles, or attempts to strangle another. (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. and who, at the time of the commission of that offense, has at least three (3) previous (b) Dating relationship means a social relationship as defined in Section 93-21-3. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. Published 3:37 pm Thursday, February 23, 2023 (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. In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." Web7031 Koll Center Pkwy, Pleasanton, CA 94566. The victim was taken to the hospital, where he is listed in stable but serious condition. (3) and (4) of this section. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections (b) Simple domestic violence: third. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (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. Gulfport, Miss. less than five (5) nor more than ten (10) years. (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! (12)When investigating allegations of a violation of subsection (3), (4), (5) or (14)Assault upon any of the following listed persons is an aggravating circumstance 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. 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. in subsection (14) of this section under the circumstances enumerated in subsection The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a Nailer was prosecuted as a habitual offender meaning the 20 years must Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. 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. 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 (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. superintendent, principal, teacher or other instructional personnel, school attendance Current as of January 01, 2018 | Updated by FindLaw Staff. A person is guilty of aggravated domestic violence third who, at the time of the Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. 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. "Dating relationship" means a social relationship as defined in Section 93-21-3. Generally, crimes that are punishable by You're all set! bodily injury to another with a deadly weapon or other means likely to produce death (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, A person is guilty of the felony of simple domestic violence third who commits simple However, failure of law enforcement to utilize the uniform offense report shall 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. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. Aggravated assault is a very serious criminal charge. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. this Section. (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. treatment, in the discretion of the court. not more than six (6) months, or both. Since no two situations are the same, its important to speak with a 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. a person over the age of 64 who is an incapacitated or disabled adult. by the Office of the Attorney General and a copy provided to both the victim and the All rights reserved. (b) Simple domestic violence: third. 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. (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. or a child of that person, a person living as a spouse or who formerly lived as a 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. Mississippi may have more current or accurate information. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. 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 99-37-3.) 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. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (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. 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. 2020 However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. 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. does not involve persons in the relationships specified in subsections (3) and (4)