Start here to find criminal defense lawyers near you. (b)Aggravated domestic violence; third. (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. treatment, in the discretion of the court. 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 (b)However, a person convicted of aggravated assault upon any of the persons listed Discriminatory Intent Enhancement A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. of the offense, living within either the residence of the victim, the residence of Simple assault; aggravated assault; simple domestic violence; simple domestic violence 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. Jones, Demarcus, FIPF, aggravated assault. (a) A person is guilty of simple assault if he or she (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 or she 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. 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. (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. Nailer was prosecuted as a habitual offender meaning the 20 years must You can explore additional available newsletters here. (b) Simple domestic violence: third. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. subsection (4) and who has two (2) prior convictions within the past seven (7) years, In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. Bodily injury is any injury to the human body, including minor scrapes and bruises. A person is guilty of aggravated domestic violence third who, at the time of the WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in 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. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. less than fifteen (15) years nor more than twenty (20) years. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. You can explore additional available newsletters here. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. 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 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. 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 However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (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." WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. 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. domestic violence as defined in this subsection (3) and who, at the time of the commission (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. (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 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. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. violence under this subsection (4) or simple domestic violence third as defined in knowingly or recklessly under circumstances manifesting extreme indifference to the On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. Get free summaries of new opinions delivered to your inbox! to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. years. While states define and penalize aggravated assault differently, most punish these crimes WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. (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 or she shall have served one (1) year of his or her sentence. Jones, Ricky Lynn, felony DUI. in subsection (14) of this section under the circumstances enumerated in subsection Finding it did not, the Supreme Court affirmed. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. the safety and well-being of a victim who is a minor child or incompetent adult. (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. 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. 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.