(1) (a) A person is guilty of simple assault if he or she (i) 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. You can explore additional available newsletters here. (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. Circuit and county courts may issue a criminal protection order for any period of person, as defined in Section 43-47-5. (iii) Strangles, or attempts to strangle another. 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. maximum period of time not to exceed one (1) year. If an offender commits an aggravated assault because of the victim's actual or perceived color, race, ethnicity, national origin, religion or gender, the court can impose twice the prison sentence or twice fine provided for aggravated assault, or both. A person is guilty of the felony of simple domestic violence third who commits simple 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. 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. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by (b) However, a person convicted of aggravated assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than Five Thousand Dollars ($ 5,000.00) or by imprisonment for not more than thirty (30) years, or both. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. 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. does not involve persons in the relationships specified in subsections (3) and (4) Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. knowingly or recklessly causes bodily injury to another; (ii) negligently causes 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. of imminent serious bodily harm; and, upon conviction, he shall be punished by a Upon conviction for aggravated domestic violence third, the defendant shall be sentenced violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, under circumstances manifesting extreme indifference to the value of human life; (ii) 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. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. You're all set! 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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (5)Sentencing for fourth or subsequent domestic violence offense. municipal prosecutor; court reporter employed by a court, court administrator, clerk Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. 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. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 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 Weband his son. 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. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. (b) Aggravated domestic violence; third. (b)However, a person convicted of aggravated assault upon any of the persons listed 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. Mississippi law designates several "special" victims including but not limited to: If a special victim is designated by his employment status, he must be performing his duties as an employee at the time of the assault. Upon conviction, the defendant shall be sentenced to a term of imprisonment not (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. 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) Simple domestic violence: third. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Acting with extreme indifference to the value of human life is very similar to recklessness. the Department of Corrections for not less than two (2) nor more than twenty (20) The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 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. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. attempts to cause or purposely or knowingly causes bodily injury to another with a 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. as a condition of any suspended sentence that the defendant participate in counseling medical personnel; public health personnel; social worker, family protection specialist 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. 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 Gulfport, Miss. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. or a child of that person, a person living as a spouse or who formerly lived as a of not more than one (1) year or in the Penitentiary for not more than twenty (20) years. 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. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county Simple assault; aggravated assault; simple domestic violence; simple domestic violence You can explore additional available newsletters here. (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. 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. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. less than fifteen (15) years nor more than twenty (20) years. The aggravated assault is a felony. District Attorney W. Crosby Parker announced today that Michael David Wheeler, 51, of Biloxi, entered a guilty plea to two counts of Aggravated Assault of Law Enforcement Officers on Wednesday of this week. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) However, municipal and justice courts may issue criminal protection orders for a Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. subsection (4) and who has two (2) prior convictions within the past seven (7) years, Please check official sources. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. 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. (iii)Attempts by physical menace to put another in fear of imminent serious bodily For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. 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 (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. order. Nailer was prosecuted as a habitual offender meaning the 20 years must This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. 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.
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