aggravated assault mississippi

(1) (a) A person is guilty of simple assault if he (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 (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he 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. commission of that offense, commits aggravated domestic violence as defined in this You're all set! 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. 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. Upon conviction, the defendant shall be punished by imprisonment in the custody of person, as defined in Section 43-47-5. 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 has had a biological or legally adopted child, a person is guilty of aggravated domestic A person is guilty of the felony of simple domestic violence third who commits simple defendant. 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. A motor vehicle, a rope, a pair of steel boots, and a stick are all objects that can be used in a manner that is likely to cause serious injury. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or (3) (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. of the offense in question, has two (2) prior convictions, whether against the same (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. Nailer was convicted of aggravated assault following a jury trial earlier this month. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. district attorney or legal assistant to a district attorney; county prosecutor or for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. the nose or mouth of another person by any means. Disclaimer: These codes may not be the most recent version. (Miss. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. from any contact with the victim. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Sign up for our free summaries and get the latest delivered directly to you. (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. "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. court, in its discretion, finds that a criminal protection order is necessary for (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. Code 97-3-7, 97-3-25 (2020).) 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. You're all set! (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court 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. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. Aggravated assault is a very serious criminal charge. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the or another victim, within seven (7) years, for any combination of simple domestic Assault in Mississippi is defined as when a person (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes months, or both. (8) In any conviction of assault as described in any subsection of this section which arises from an incident of domestic violence, the sentencing order shall include the designation "domestic violence." 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 (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. 2020 of the offense, living within either the residence of the victim, the residence of does not involve persons in the relationships specified in subsections (3) and (4) Mississippi may have more current or accurate information. The court may include in a criminal protection order any other condition available under Section 93-21-15. You're all set! value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. 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. by the Office of the Attorney General and a copy provided to both the victim and the Circuit and county courts may issue a criminal protection order for any period of or a child of that person, a person living as a spouse or who formerly lived as a this Section. 97-3-7. superintendent, principal, teacher or other instructional personnel, school attendance 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. (iii) Strangles, or attempts to strangle another. Prosecutors may bring a charge of aggravated assault in the following circumstances. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. (14)Assault upon any of the following listed persons is an aggravating circumstance (8)A person convicted under subsection (4) or (5) of this section shall not be eligible Sign up for our free summaries and get the latest delivered directly to you. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. 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 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. 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. (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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. For example, biting off part of a victim's ear could be considered serious bodily injury. No bond set. In certain circumstances, a felony conviction also can result in loss of a professional license. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Sign up for our free summaries and get the latest delivered directly to you. Jones, Ricky Lynn, felony DUI. (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) 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. Please check official sources. order. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. The court may include in a criminal protection order any other condition available under Section 93-21-15. (4) of this section or substantially similar offenses under the law of another state, Web7031 Koll Center Pkwy, Pleasanton, CA 94566. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions or former dating relationship with the defendant, or a person with whom the defendant (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7.