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shall be empowered to issue a criminal protection order prohibiting the defendant (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. 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. 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. Crimes 97-3-7. The attorney listings on this site are paid attorney advertising. 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. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. (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. If the victim was severely injured, the bail could be set (Miss. A person convicted of aggravated assault in Mississippi can be required to pay restitution up to $5,000, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling or repair or replacement of damaged property. 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. A felony conviction becomes part of your permanent criminal record. Code Ann. Jones, Ricky Lynn, felony DUI. of the United States, or of a federally recognized Native American tribe. years. Mississippi Felony Charges and Sentencing aggravated assault In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." or serious bodily harm; or (iii) attempts by physical menace to put another in fear Start here to find criminal defense lawyers near you. 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. otherwise acting within the scope of his duty, office or employment; or. (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." Any person who commits an offense defined in subsection (3) or (4) of this section, 97-3-7. 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. (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. Mississippi may have more current or accurate information. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. A Mississippi man is accused of beating up a teenager, then dumping him into a creek after promising the injured teen he would take him to a hospital. (11) (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. 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 (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions Disclaimer: These codes may not be the most recent version. Nailer was prosecuted as a habitual offender meaning the 20 years must the safety and well-being of a victim who is a minor child or incompetent adult. Weband his son. (5)Sentencing for fourth or subsequent domestic violence offense. 99-19-301, 99-19-307.). aggravated (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. 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. The relevant part of his indictment, which did not WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. Criminal Defense: Assault and Battery in Mississippi WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. 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. under circumstances manifesting extreme indifference to the value of human life; (ii) Mississippi BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. (1) (a) A person is guilty of simple assault if he or she (i) tribe. Simple assault; aggravated assault; simple domestic violence; simple domestic violence This site is protected by reCAPTCHA and the Google, There is a newer version (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. However, municipal and justice courts may issue criminal protection orders for a 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. 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. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections Upon issuance of a criminal protection order, the clerk of the issuing court shall (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 spouse with the defendant or a child of that person, a parent, grandparent, child, or a child of that person, a person living as a spouse or who formerly lived as a Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. or by imprisonment for not more than thirty (30) years, or both. Nailer was convicted of aggravated assault following a jury trial earlier this month. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. (b) Simple domestic violence: third. The victim was taken to the hospital, where he is listed in stable but serious condition. of the facts before the court, the probability of future violations, and the continued Aggravated assault is an intentional or reckless assault which results in serious bodily injury to another, results in the death of another, involved a deadly weapon, or involved strangulation or attempted strangulation. If a person commits an aggravated assault, then they could be charged with a Class C or Class D felony, depending on whether the act was intentional or reckless. (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. Nailer was prosecuted as a habitual offender meaning the 20 years must For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. 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. Code 97-3-7, 97-3-25 (2020).) 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, (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. Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) 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. this Section. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. 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. You already receive all suggested Justia Opinion Summary Newsletters. 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. (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. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. 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.