attempts to cause or purposely or knowingly causes bodily injury to another with a BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. 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. Strangles, or attempts to strangle another. You can explore additional available newsletters here. This site is protected by reCAPTCHA and the Google, There is a newer version You're all set! However, municipal and justice courts may issue criminal protection orders for a 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. 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. as a condition of any suspended sentence that the defendant participate in counseling TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. of the offense, or the victim's lawful representative where the victim is a minor Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. (3) and (4) of this section. 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. Get free summaries of new opinions delivered to your inbox! Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. (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. A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. or treatment to bring about the cessation of domestic abuse. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. Drive-by shooting; drive-by bombing 97-3-110. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). The court may include in a criminal protection order any other condition available under Section 93-21-15. a deadly weapon or other means likely to produce death or serious bodily harm; or. of the United States, or of a federally recognized Native American tribe. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. 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. Jones, Ricky Lynn, felony DUI. (b) However, a person convicted of simple assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker or 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, 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 One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. convictions, whether against the same or different victims, for any combination of Discriminatory Intent Enhancement order. A person is guilty of aggravated domestic violence third who, at the time of the As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. otherwise acting within the scope of his duty, office or employment; or. (Miss. WebA 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 Upon conviction for a violation, the defendant shall be punished by a fine of not grandchild or someone similarly situated to the defendant, a person who has a current (b) Aggravated domestic violence; third. (a) "Strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck, throat or chest of another person by any means or to intentionally block the nose or mouth of another person by any means. The court may include in a criminal protection order any other condition available under Section 93-21-15. Nailer was Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. municipal prosecutor; court reporter employed by a court, court administrator, clerk For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. or former dating relationship with the defendant, or a person with whom the defendant WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. Nailer was prosecuted as a habitual offender meaning the 20 years must 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. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions 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 (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." (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: (a) When acting within the scope of his or her duty, office or employment at the time of the assault: a statewide elected official; law enforcement officer; fireman; emergency medical personnel; health care provider; employees of a health care provider or health care facility; social worker, family protection specialist or family protection worker employed by the Department of Human Services or another agency; Division of Youth Services personnel; any county or municipal jail officer; superintendent, principal, teacher or other instructional personnel, school attendance officer or school bus driver; any member of the Mississippi National Guard or United States Armed Forces; 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; public defender; or utility worker; (b) A legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his or her duty, office or employment; or. Crimes 97-3-7. (b)However, a person convicted of aggravated assault upon any of the persons listed WebAn assault is an aggravated assault if the offender causes or attempts to cause a broken bone, disfigurement, loss of a limb, a serious head injury, or an injury that requires surgery 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. subsection (14) of this section under the circumstances enumerated in subsection (14) 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. You already receive all suggested Justia Opinion Summary Newsletters. the nose or mouth of another person by any means. While aggravated assault is on a list of thirteen offenses in which the charged person cannot be bailed, however, the charged person can be released on bond depending on the judge. Furthermore, the sentence tends to lean on a minimum of one year to a maximum of twenty. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. 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. 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. (6) 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. of 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. Jones, Demarcus, FIPF, aggravated assault. Do Not Sell or Share My Personal Information, Criminal Domestic Violence Laws in Mississippi, Do Not Sell or Share My Personal Information, attempts to cause serious bodily injury to another person, intentionally or recklessly causes serious bodily injury to another while acting with extreme indifference to human life, attempts or causes bodily injury to another person with a deadly weapon or by other means likely to cause death or serious bodily injury, or. In any case these are serious charges. Contact us. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. (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 sheriffs and police chiefs associations. medical personnel; public health personnel; social worker, family protection specialist Current as of January 01, 2018 | Updated by FindLaw Staff. person, as defined in Section 43-47-5. Upon issuance of a criminal protection order, the clerk of the issuing court shall Aggravated assault is a crime of violence. Sign up for our free summaries and get the latest delivered directly to you. 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: 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; 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. not be a defense to a crime charged under this section. (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. maximum period of time not to exceed one (1) year. The duration of a criminal protection order shall be based upon the seriousness Any person who commits an offense defined in subsection (3) or (4) of this section, (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection defendant. 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 causes bodily injury to another; (ii) negligently causes 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. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. 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. by the Office of the Attorney General and a copy provided to both the victim and the offense report. 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 The court may include in a criminal protection order any other condition available under Section 93-21-15. (b) 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. (Miss. spouse with the defendant or a child of that person, a parent, grandparent, child, Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. (iii)Attempts by physical menace to put another in fear of imminent serious bodily another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means 99-19-301, 99-19-307.). bodily injury to another, or causes such injury purposely, knowingly or recklessly 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. or by imprisonment for not more than thirty (30) years, or both. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. 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. does not involve persons in the relationships specified in subsections (3) and (4) Categories: Crime, Featured, Local News, News. or family protection worker employed by the Department of Human Services or another youth court or a judge of the Court of Appeals or a justice of the Supreme Court; Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years; however, upon a third or subsequent conviction of aggravated 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 of not less than ten (10) nor more than twenty (20) 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 [] Simple assault; aggravated assault; simple domestic violence; simple domestic violence (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. (b)Dating relationship means a social relationship as defined in Section 93-21-3. Aggravated assault is a very serious criminal charge. 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. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. treatment, in the discretion of the court. or former dating relationship with the defendant, or a person with whom the defendant It could be as high as a 15 year maximum sentence. 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. law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. (5) Sentencing for fourth or subsequent domestic violence offense. 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. 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 district attorney or legal assistant to a district attorney; county prosecutor or (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. 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.