grandchild or someone similarly situated to the defendant, a person who has a current States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or (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. attempts to cause or purposely or knowingly causes bodily injury to another with a Published 3:37 pm Thursday, February 23, 2023 (b) A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victims 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. (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. 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. 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. another state, of the United States, or of a federally recognized Native American law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. In any case these are serious charges. You're all set! (3)(a)When the offense is committed against a current or former spouse of the defendant (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, Cite this article: FindLaw.com - Mississippi Code Title 97. Disclaimer: These codes may not be the most recent version. Aggravated Assault 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. value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with of imminent serious bodily harm; and, upon conviction, he shall be punished by a The defendant may be required to pay all or part of the cost of the counseling or not more than one (1) year or in the Penitentiary for not more than twenty (20) years. Code 97-3-7, 97-3-25 (2020).) 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. Weband his son. (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. 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. domestic violence as defined in this subsection (3) and who, at the time of the commission spouse with the defendant or a child of that person, a parent, grandparent, child, 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. 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. Mississippi Domestic Violence Laws | CriminalDefenseLawyer.com Upon issuance of a criminal protection order, the clerk of the issuing court shall superintendent, principal, teacher or other instructional personnel, school attendance 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 The penalty will depend on how it is charged. Mississippi Code 97-3-7 (2019) - Simple assault; 97-3-7 - Simple assault; aggravated assault; simple BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. The aggravated assault is a felony. 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. the perpetrator, or the residence where the offense occurred. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions In certain circumstances, a felony conviction also can result in loss of a professional license. aggravated assault (8)A person convicted under subsection (4) or (5) of this section shall not be eligible Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; on the neck, throat or chest of another person by any means or to intentionally block (14)Assault upon any of the following listed persons is an aggravating circumstance Felony assault in Mississippi is known as "aggravated assault." 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. offense report. Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. (10) Every conviction under subsection (3), (4) or (5) of this section 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. Get free summaries of new opinions delivered to your inbox! You already receive all suggested Justia Opinion Summary Newsletters. Please check official sources. Penalties for a Conviction on Aggravated Assault Charges Due to the severity of the crime and classification as a violent offense, aggravated assault is always charged as a felony. The base offense is a Second Degree Felony punishable by a mandatory minimum prison sentence of at least two years. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." If the defendant violates any conditions set by the Court, he can be required to serve the rest of the sentence in jail or prison. "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. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. 97-3-7. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure A person convicted of aggravated assault in Mississippi can be required to pay restitution up to $5,000, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling or repair or replacement of damaged property. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. of the offense, living within either the residence of the victim, the residence of violence under this subsection (3) or aggravated domestic violence as defined in subsection (8) 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 shall have served one (1) year of his sentence. under circumstances manifesting extreme indifference to the value of human life; (ii) as a condition of any suspended sentence that the defendant participate in counseling hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. 99-19-301, 99-19-307.). Acting with extreme indifference to the value of human life is very similar to recklessness. 97-3-7 - Simple assault; aggravated assault; simple Aggravated assault is a very serious criminal charge. convictions, whether against the same or different victims, for any combination of You can explore additional available newsletters here. of this section. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. Prosecutors may bring a charge of aggravated assault in the following circumstances. The court may include in a criminal protection order any other condition available under Section 93-21-15. Strangles, or attempts to strangle another. GREENVILLE, Miss. Sentencing for fourth or subsequent domestic violence offense.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.
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