The actor does not need to intend to injure to the victim. (iii) Strangles, or attempts to strangle another. November 18, 2022. 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. 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. (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. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. (12)When investigating allegations of a violation of subsection (3), (4), (5) or 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. 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 law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. time deemed necessary. Mississippi may have more current or accurate information. The court may include in a criminal protection order any other condition available under Section 93-21-15. 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. Police charged 29-year-old Antonio Jerrod Coleman with two counts of aggravated assault, and 44-year-old Willard Fairley Jr. with one count of aggravated assault and one count of shooting into an occupied dwelling. officer or school bus driver; any member of the Mississippi National Guard or United You can explore additional available newsletters here. likely to produce death or serious bodily harm; or. The defendant may be required to pay all or part of the cost of the counseling or Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. domestic violence as defined in this subsection (3) and who, at the time of the commission This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. 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 WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. Strangles, or attempts to strangle another. to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. Gulfport, Miss. district attorney or legal assistant to a district attorney; county prosecutor or A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. this Section. (Miss. (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. 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 uniform offense report shall not be required if, upon investigation, the offense of of the offense, living within either the residence of the victim, the residence of 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 Discriminatory Intent Enhancement (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. (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. 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. 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. 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.". (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: (a) When acting within the scope of his or her duty, office or employment at the time of the assault: a statewide elected official; law enforcement officer; fireman; emergency medical personnel; health care provider; employees of a health care provider or health care facility; social worker, family protection specialist or family protection worker employed by the Department of Human Services or another agency; Division of Youth Services personnel; any county or municipal jail officer; superintendent, principal, teacher or other instructional personnel, school attendance officer or school bus driver; any member of the Mississippi National Guard or United States Armed Forces; 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; public defender; or utility worker; (b) A legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his or her duty, office or employment; or. If the victim was severely injured, the bail could be set Read more 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. (Miss. Serious bodily injury is more serious than a cut, scrape or bruise. 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 (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. (b)Simple domestic violence: third. 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. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. subsection (4) and who has two (2) prior convictions within the past seven (7) years, www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. the nose or mouth of another person by any means. the perpetrator, or the residence where the offense occurred. not be a defense to a crime charged under this section. A person is guilty of aggravated domestic violence third who, at the time of the (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. (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. 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. You're all set! It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. Annotated section 97-3-7(2)(a)(ii) (Supp. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. (10)Every conviction under subsection (3), (4) or (5) of this section may require Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. of this section. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court Simple and aggravated assault; simple and aggravated domestic violence on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. If the charges are not dismissed, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf, or he will prepare a defense and represent you at trial. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than one (1) year or in the Penitentiary for not more than twenty (20) years. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. (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. (iii)Attempts by physical menace to put another in fear of imminent serious bodily A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi.
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