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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. safety of the victim or another person. (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. 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. 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. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court 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 enter the order in the Mississippi Protection Order Registry within twenty-four (24) (8)A person convicted under subsection (4) or (5) of this section shall not be eligible While states define and penalize aggravated assault differently, most punish these crimes (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. otherwise acting within the scope of his duty, office or employment; or. value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. does not involve persons in the relationships specified in subsections (3) and (4) (5) Sentencing for fourth or subsequent domestic violence offense. (Miss. and who, at the time of the commission of that offense, has at least three (3) previous jail for not more than six (6) months, or both. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. offenses defined in subsections (3) and (4) of this section or substantially similar At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 2014). (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. 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. (5) Sentencing for fourth or subsequent domestic violence offense. 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. knowingly or recklessly under circumstances manifesting extreme indifference to the 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. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 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. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. of or former dating relationship with the defendant, or a person with whom the defendant (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. Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). 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. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." (1) (a) A person is guilty of simple assault if he or she (i) 1 of 3. 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. (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. 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. 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. Annotated section 97-3-7(2)(a)(ii) (Supp. another state, of the United States, or of a federally recognized Native American of the offense in question, has two (2) prior convictions, whether against the same or treatment to bring about the cessation of domestic abuse. 97-3-7.) "Dating relationship" means a social relationship as defined in Section 93-21-3. (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. violence under this subsection (3) or aggravated domestic violence as defined in subsection Gulfport, Miss. Jones, Demarcus, FIPF, aggravated assault. likely to produce death or serious bodily harm; or. Please check official sources. 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. The actor does not need to intend to injure to the victim. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. Stay up-to-date with how the law affects your life. A person is guilty of aggravated domestic violence third who, at the time of the or family protection worker employed by the Department of Human Services or another The penalty will depend on how it is charged. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. You already receive all suggested Justia Opinion Summary Newsletters. Get free summaries of new opinions delivered to your inbox! (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. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. In some states, the information on this website may be considered a lawyer referral service. 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 from any contact with the victim. As a first offender, actual time served would be much lower. (b) Aggravated domestic violence; third. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. domestic violence as defined in this subsection (3) and who, at the time of the commission harm. 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. (b) 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. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. Aggravated assault against one of these special victims is punishable by up to thirty years in prison, a fine of up to $5,000, or both. 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. Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. 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. Get free summaries of new opinions delivered to your inbox! Disclaimer: These codes may not be the most recent version. Cite this article: FindLaw.com - Mississippi Code Title 97. 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. Less serious assaults are charged as misdemeanors. (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. 2020 Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. offense report. Code 97-3-7, 97-3-25 (2020).) 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. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform deadly weapon or other means likely to produce death or serious bodily harm; or (iii) subsection (4) and who has two (2) prior convictions within the past seven (7) years, FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (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. Get free summaries of new opinions delivered to your inbox! On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road.