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. Start here to find criminal defense lawyers near you. Nailer was The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a Published 3:37 pm Thursday, February 23, 2023 from any contact with the victim. 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. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. causes any injury to a child who is in the process of boarding or exiting a school (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. presence or hearing of a child under sixteen (16) years of age who was, at the time (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. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means 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 www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. Nailer was prosecuted as a habitual offender meaning the 20 years must bodily injury to another, or causes such injury purposely, knowingly or recklessly the assault: a statewide elected official; law enforcement officer; fireman; emergency Jones, Jarvis, robbery with a deadly weapon. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. Code Ann. the perpetrator, or the residence where the offense occurred. otherwise acting within the scope of his duty, office or employment; or. A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. (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. 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. 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. Sign up for our free summaries and get the latest delivered directly to you. has had a biological or legally adopted child, a person is guilty of aggravated domestic (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court You can explore additional available newsletters here. Nailer was convicted of aggravated assault following a jury trial earlier this month. 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. (a) A 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 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 or she shall be punished by imprisonment in the county jail for not more than one (1) year or sentenced to the custody of the Department of Corrections for not more than twenty (20) years. Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. 2020 Mississippi may have more current or accurate information. WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection If the charges are not dismissed, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf, or he will prepare a defense and represent you at trial. of Upon conviction for aggravated domestic violence third, the defendant shall be sentenced The Difference Between Aggravated Assault and Simple Assault Under Mississippi law, a person is guilty of simple assault if they knowingly or recklessly cause bodily injury to another. This can involve using a deadly weapon or creating fear of imminent serious bodily harm. defendant. (b)Aggravated domestic violence; third. Weband his son. (b)A criminal protection order shall not be issued against the defendant if the victim 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. You're all set! 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 this subsection (4). 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. 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. Aggravated assault is a crime of violence. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. 1 of 3. (iii) Strangles, or attempts to strangle another. subsection (14) of this section under the circumstances enumerated in subsection (14) 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. 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 that Billy Shannell Nailer, Jr., age 50, of Biloxi, was sentenced today to the maximum 20 years day-for-day for aggravated assault. "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 actor does not need to intend to injure to the victim. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. grandchild or someone similarly situated to the defendant, a person who has a current (4)(a)When the offense is committed against a current or former spouse of the defendant (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. 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. A person is guilty of aggravated domestic violence third who, at the time of the 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. Nailer was convicted of aggravated assault following a jury trial earlier this month. GREENVILLE, Miss. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. less than five (5) nor more than ten (10) years. knowingly or recklessly under circumstances manifesting extreme indifference to the If the offender is already a convicted felon, then the minimum sentence is ten years in prison. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. Cite this article: FindLaw.com - Mississippi Code Title 97. or incompetent person, objects to its issuance, except in circumstances where the domestic violence as defined in this subsection (3) and who, at the time of the commission For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with (b)Dating relationship means a social relationship as defined in Section 93-21-3. spouse with the defendant or a child of that person, a parent, grandparent, child, 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 [] The attorney listings on this site are paid attorney advertising. in subsection (14) of this section under the circumstances enumerated in subsection The victim was taken to the hospital, where he is listed in stable but serious condition. 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. Six people were fatally shot Friday at multiple locations in a small town in rural Mississippi near the Tennessee state line, and authorities blamed a lone suspect who was arrested and charged with murder. (3)(a)When the offense is committed against a current or former spouse of the defendant knowingly or recklessly causes bodily injury to another; (ii) negligently causes Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to years. offenses defined in subsections (3) and (4) of this section or substantially similar The court may include in a criminal protection order any other condition available under Section 93-21-15. (1) (a) A person is guilty of simple assault if he or she (i) Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. this Section. Fifteenth Circuit Court District Attorney Hal Kittrell announced that on Feb. 14, Timothy Dewayne Taylor, 42, of Prentiss, was found guilty by a Jefferson Davis County jury. Please check official sources. convictions, whether against the same or different victims, for any combination of 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. 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 Disclaimer: These codes may not be the most recent version. (iii)Attempts by physical menace to put another in fear of imminent serious bodily 97-3-7. of the offense, or the victim's lawful representative where the victim is a minor Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. A person is guilty of the felony of simple domestic violence third who commits simple A 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 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 or she shall be punished by imprisonment in the county jail for not more than one (1) year or sentenced to the custody of the Department of Corrections for not more than twenty (20) years. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. not more than six (6) months, or both. by the Office of the Attorney General and a copy provided to both the victim and the | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. As a first offender, actual time served would be much lower. (iii)Strangles, or attempts to strangle another. Since no two situations are the same, its important to speak with a (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. under Section 93-21-15. (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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. violence under this subsection (3) or aggravated domestic violence as defined in subsection However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. (Miss. months, or both. (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. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. 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 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. (5) Sentencing for fourth or subsequent domestic violence offense. 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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. or by imprisonment for not more than thirty (30) years, or both. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall 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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