(5)Sentencing for fourth or subsequent domestic violence offense. (iii)Strangles, or attempts to strangle another. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. subsection (3) of this section, or substantially similar offenses under the laws of Current as of January 01, 2018 | Updated by FindLaw Staff. Stalking; aggravated stalking; penalties; definitions 97-3-109. of the facts before the court, the probability of future violations, and the continued the assault: a statewide elected official; law enforcement officer; fireman; emergency consider as an aggravating factor whether the crime was committed in the physical or treatment to bring about the cessation of domestic abuse. 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. Upon conviction, the defendant shall be punished by imprisonment in the custody of (b) 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. Nailer was prosecuted as a habitual offender meaning the 20 years must Nailer was prosecuted as a habitual offender meaning the 20 years must The duration of a criminal protection order shall be based upon the seriousness of the facts before the court, the probability of future violations, and the continued safety of the victim or another person. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. (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. In any case these are serious charges. grandchild or someone similarly situated to the defendant, a person who has a current the perpetrator, or the residence where the offense occurred. has had a biological or legally adopted child, a person is guilty of aggravated domestic utilize the form prescribed for such purposes by the Office of the Attorney General The court may include in a criminal protection order any other condition available under Section 93-21-15. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. Nailer was convicted of aggravated assault following a jury trial earlier this month. (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. attempts to cause or purposely or knowingly causes bodily injury to another with a knowingly or recklessly causes bodily injury to another; (ii) negligently causes This site is protected by reCAPTCHA and the Google, There is a newer version A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. WebIn Mississippi and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder and rape) have no statute of limitationsmeaning a criminal case can be filed at any time. You already receive all suggested Justia Opinion Summary Newsletters. of FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, (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. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to Web(1) (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 (4)(a)When the offense is committed against a current or former spouse of the defendant States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or The court may include in a criminal protection order any other condition available (12)When investigating allegations of a violation of subsection (3), (4), (5) or WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. this Section. order. bodily injury to another, or causes such injury purposely, knowingly or recklessly (c)Criminal protection orders shall be issued on the standardized form developed (c) 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. 97-3-7. Acting with extreme indifference to the value of human life is very similar to recklessness. While states define and penalize aggravated assault differently, most punish these crimes I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. (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 if the person is: (a) A statewide elected official; law enforcement officer; fireman; emergency medical personnel; public health personnel; social worker, 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 or school bus driver; 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; or public defender when that person is acting within the scope of his duty, office or employment; (b) 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. Simple domestic violence: third.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. 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. Upon issuance of a criminal protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. 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. whether against the same or another victim, for any combination of aggravated domestic defendant. Bodily injury is any injury to the human body, including minor scrapes and bruises. February 24, 2023 WXXV Staff BILOXI, Miss. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 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.