the perpetrator, or the residence where the offense occurred. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. violence under this subsection (4) or simple domestic violence third as defined in Disclaimer: These codes may not be the most recent version. Attempts by physical menace to put another in fear of imminent serious bodily harm. Crimes 97-3-7. 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. 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 imminent serious bodily harm; and, upon conviction, he shall be punished by a (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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. (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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. of the offense, living within either the residence of the victim, the residence of (b)However, a person convicted of aggravated assault upon any of the persons listed (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection (8)A person convicted under subsection (4) or (5) of this section shall not be eligible 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 incident. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. offenses defined in subsections (3) and (4) of this section or substantially similar Categories: Crime, Featured, Local News, News. medical personnel; public health personnel; social worker, family protection specialist Get free summaries of new opinions delivered to your inbox! 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. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. 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. shall be empowered to issue a criminal protection order prohibiting the defendant 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. 2014). https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. 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. (3)(a)When the offense is committed against a current or former spouse of the defendant Sign up for our free summaries and get the latest delivered directly to you. of the United States, or of a federally recognized Native American tribe. No bond set. WebA 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 court, in its discretion, finds that a criminal protection order is necessary for WebAggravated Assault Mississippi Gulfport Top Gulfport, MS Aggravated Assault Lawyers Near You Butler Snow LLP Aggravated Assault Lawyers | Gulfport Office 1300 25th Avenue, Suite 204, PO Drawer 4248, Gulfport, MS 39502 Boyce Holleman & Associates Aggravated Assault Lawyers | Gulfport Office 99-37-3.) 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. or treatment to bring about the cessation of domestic abuse. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. from any contact with the victim. 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. consider as an aggravating factor whether the crime was committed in the physical 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. agency; Division of Youth Services personnel; any county or municipal jail officer; 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. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. jail for not more than six (6) months, or both. tribe. An assault with a deadly weapon is considered aggravated assault in Mississippi. the nose or mouth of another person by any means. GREENVILLE, Miss. Mississippi may have more current or accurate information. 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. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. However, failure of law enforcement to utilize the uniform offense report shall of the offense, or the victim's lawful representative where the victim is a minor 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. Nailer was convicted of aggravated assault following a jury trial earlier this month. district attorney or legal assistant to a district attorney; county prosecutor or Attempts to cause serious bodily injury to another, or causes such injury purposely, Simple domestic violence: third.A person is guilty of the felony of simple domestic violence third who commits simple domestic violence as defined in this subsection (3) and who, at the time of the commission of the offense in question, has two (2) prior convictions, whether against the same or another victim, within seven (7) years, for any combination of simple domestic violence under this subsection (3) or aggravated domestic violence as defined in subsection (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. 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. February 24, 2023 WXXV Staff BILOXI, Miss. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall 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 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. While states define and penalize aggravated assault differently, most punish these crimes (b)Aggravated domestic violence; third. 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.". Start here to find criminal defense lawyers near you. for charging under subsections (1)(b) and (2)(b) of this section: (a)When acting within the scope of his duty, office or employment at the time of Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) 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. 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. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. 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. has had a biological or legally adopted child, a person is guilty of aggravated domestic 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. superintendent, principal, teacher or other instructional personnel, school attendance 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 Nailer was convicted of aggravated assault following a jury trial earlier this month. (5) Sentencing for fourth or subsequent domestic violence offense. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means (iii)Attempts by physical menace to put another in fear of imminent serious bodily please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. bodily injury to another, or causes such injury purposely, knowingly or recklessly A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. You already receive all suggested Justia Opinion Summary Newsletters. 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. (10)Every conviction under subsection (3), (4) or (5) of this section may require maximum period of time not to exceed one (1) year. years. Lincoln County deputies arrested 34-year-old Beau Logan Stewart Saturday on felony charges of aggravated assault as well as two misdemeanor charges of simple assault by menacing to [] A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. (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. of this section. officer or school bus driver; any member of the Mississippi National Guard or United 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. or former dating relationship with the defendant, or a person with whom the defendant 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. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. 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. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. However, municipal and justice courts may issue criminal protection orders for a Since no two situations are the same, its important to speak with a 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. (c)Criminal protection orders shall be issued on the standardized form developed (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections As a first offender, actual time served would be much lower. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. (iii) Strangles, or attempts to strangle another. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. 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. enter the order in the Mississippi Protection Order Registry within twenty-four (24) youth court or a judge of the Court of Appeals or a justice of the Supreme Court; Get free summaries of new opinions delivered to your inbox! In sentencing under subsections (3), (4) and (5) of this section, 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. (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. Upon conviction, the defendant shall be punished by imprisonment in the custody of 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. Get free summaries of new opinions delivered to your inbox! 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. person, as defined in Section 43-47-5. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. Upon conviction, the defendant shall be sentenced to a term of imprisonment not Nailer was convicted of aggravated assault following a jury trial earlier this month. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] 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 not more than six (6) months, or both. in consultation with the sheriff's and police chief's associations. www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. 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. another state, of the United States, or of a federally recognized Native American utilize the form prescribed for such purposes by the Office of the Attorney General 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The court may include in a criminal protection order any other condition available under Section 93-21-15. presence or hearing of a child under sixteen (16) years of age who was, at the time For the purposes of this section, "strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck or throat of another person by any means or to intentionally block the nose or mouth of another person by any means. 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. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the