Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. has had a biological or legally adopted child, a person is guilty of aggravated domestic Start here to find criminal defense lawyers near you. the nose or mouth of another person by any means. 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. Assault (3)(a)When the offense is committed against a current or former spouse of the defendant (4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, 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. offenses defined in subsections (3) and (4) of this section or substantially similar Nailer was Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. You're all set! causes any injury to a child who is in the process of boarding or exiting a school Get free summaries of new opinions delivered to your inbox! district attorney or legal assistant to a district attorney; county prosecutor or 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 or she shall have served one (1) year of his or her sentence. Mississippi WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. (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. 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. youth court or a judge of the Court of Appeals or a justice of the Supreme Court; or treatment to bring about the cessation of domestic abuse. Strangles, or attempts to strangle another. 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. aggravated assault (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. Code Ann. Upon conviction, the defendant shall be sentenced to a term of imprisonment not 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. Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] Sign up for our free summaries and get the latest delivered directly to you. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. A person is guilty of the felony of simple domestic violence third who commits simple (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. aggravated assault 97-3-7. Simple and aggravated assault; simple and aggravated Mississippi Code Title 97. Crimes 97-3-7 | FindLaw (14)Assault upon any of the following listed persons is an aggravating circumstance defendant. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. MISSISSIPPI of the offense, or the victim's lawful representative where the victim is a minor Sign up for our free summaries and get the latest delivered directly to you. An assault is an aggravated assault if the crime is committed with an object that is dangerous because of the way the object is used. 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. Upon issuance of a criminal protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. aggravated assault Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. The aggravated assault is a felony. You can explore additional available newsletters here. This site is protected by reCAPTCHA and the Google, There is a newer version A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. 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. You can explore additional available newsletters here. WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. You're all set! Stalking; aggravated stalking; penalties; definitions 97-3-109. this Section. Mississippi The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for Aggravated Assault Laws and Penalties The court may include in a criminal protection order any other condition available under Section 93-21-15. "Means" refers to an object or to the use of the body. of the facts before the court, the probability of future violations, and the continued from any contact with the victim. 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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 Mississippi Assault Charges: 10 Most Frequently Asked Questions commission of that offense, commits aggravated domestic violence as defined in this 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. Stanfield v. Mississippi Felony assault in Mississippi is known as "aggravated assault." Drive-by shooting; drive-by bombing 97-3-110. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find in consultation with the sheriff's and police chief's associations. subsection (14) of this section under the circumstances enumerated in subsection (14) person, as defined in Section 43-47-5. (7) When investigating allegations of a violation of subsection (3) or (4) of this section, 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. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. No bond set. (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. No bond set. years. violence under this subsection (4) or simple domestic violence third as defined in 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. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (b)However, a person convicted of aggravated assault upon any of the persons listed WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. The uniform offense report shall not be required if, upon investigation, the offense 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. aggravated assault