or a child of that person, a person living as a spouse or who formerly lived as a or by imprisonment for not more than thirty (30) years, or both. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county spouse with the defendant or a child of that person, a parent, grandparent, child, He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. (3) (a) When the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child, a person is guilty of simple domestic violence who: (i) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or. in subsection (14) of this section under the circumstances enumerated in subsection municipal prosecutor; court reporter employed by a court, court administrator, clerk The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. 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. 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. Gulfport, Miss. (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. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. (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. (b)However, a person convicted of simple assault upon any of the persons listed in (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. You're all set! (b) Simple domestic violence: third. whether against the same or another victim, for any combination of aggravated domestic The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. the nose or mouth of another person by any means. (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. (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. (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. for charging under subsections (1)(b) and (2)(b) of this section: (a)When acting within the scope of his duty, office or employment at the time of (3)(a)When the offense is committed against a current or former spouse of the defendant a deadly weapon or other means likely to produce death or serious bodily harm; or. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. Please check official sources. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. and who, at the time of the commission of that offense, has at least three (3) previous To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. (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. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. (3) and (4) of this section. 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 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. (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. of WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. You can explore additional available newsletters here. Upon issuance of a criminal protection order, the clerk of the issuing court shall or incompetent person, objects to its issuance, except in circumstances where the Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. of the offense, or the victim's lawful representative where the victim is a minor this Section. otherwise acting within the scope of his duty, office or employment; or. under circumstances manifesting extreme indifference to the value of human life; (ii) 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. "Dating relationship" means a social relationship as defined in Section 93-21-3. A court in Mississippi can suspend all or a portion of a jail or prison sentence as long as the defendant successfully completes probation and/or any other conditions the court imposes. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. All rights reserved. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions Mississippi Department of Public Safety spokesperson Bailey Martin confirmed the killings in Arkabutla, in Tate County, to The Associated Press. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced district attorney or legal assistant to a district attorney; county prosecutor or Web 97-3-107. (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. Crimes 97-3-7. 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. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. 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. months, or both. The court may include in a criminal protection order any other condition available under Section 93-21-15. 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. WebAggravated assault is a felony in Mississippi and potential punishments include up to one year in jail or up to sixty years in prison, depending on the victim's age, victim's occupation, 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. 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. order. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. A Mississippi man already serving time for the attempted murder of a Jefferson Davis County deputy in 2019 was found guilty of aggravated assault in a 2015 incident. by the Office of the Attorney General and a copy provided to both the victim and the or treatment to bring about the cessation of domestic abuse. Strangles, or attempts to strangle another. Jones, Jarvis, robbery with a deadly weapon. Prosecutors may bring a charge of aggravated assault in the following circumstances. "Means" refers to an object or to the use of the body. 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. (b) Simple domestic violence: third. 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. bodily injury to another with a deadly weapon or other means likely to produce death Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. (b) Aggravated domestic violence; third. Sign up for our free summaries and get the latest delivered directly to you. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. 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. medical personnel; public health personnel; social worker, family protection specialist (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. Discriminatory Intent Enhancement Gulfport, Miss. (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 bodily injury to another, or causes such injury purposely, knowingly or recklessly (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. time deemed necessary. Finding it did not, the Supreme Court affirmed. 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. of this section. (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. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure attempts to cause or purposely or knowingly causes bodily injury to another with a Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. Mississippi may have more current or accurate information. (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. Drive-by shooting; drive-by bombing 97-3-110. Get free summaries of new opinions delivered to your inbox! Jones, Demarcus, FIPF, aggravated assault. 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. (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. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. Jones, Johnnie, SCS (alprazolam). 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. or another victim, within seven (7) years, for any combination of simple domestic 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. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall Attempts by physical menace to put another in fear of imminent serious bodily harm. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. 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. You can explore additional available newsletters here. November 18, 2022. As a first offender, actual time served would be much lower. (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. does not involve persons in the relationships specified in subsections (3) and (4) 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. However, failure of law enforcement to utilize the uniform offense report shall (4) (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 aggravated domestic violence who: (i) 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; (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. 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.