(12)When investigating allegations of a violation of subsection (3), (4), (5) or For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. (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. or treatment to bring about the cessation of domestic abuse. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. Nailer was convicted of aggravated assault following a jury trial earlier this month. under Section 93-21-15. Upon conviction, the defendant shall be sentenced to a term of imprisonment not or serious bodily harm; or (iii) attempts by physical menace to put another in fear 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. Mississippi may have more current or accurate information. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible Disclaimer: These codes may not be the most recent version. You're all set! If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. the nose or mouth of another person by any means. 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. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 Assault in Mississippi is defined as when a person (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. (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. Simple assault; aggravated assault; simple domestic violence; simple domestic violence 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. Attempts to cause serious bodily injury to another, or causes such injury purposely, Web571 Highway 51, Suite B, Ridgeland, MS 39157 . from any contact with the victim. subsection (3) of this section, or substantially similar offenses under the laws of A Mississippi man is accused of beating up a teenager, then dumping him into a creek after promising the injured teen he would take him to a hospital. for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. 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. 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. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. (12) 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 sheriffs and police chiefs associations. The victim was taken to the hospital, where he is listed in stable but serious condition. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a Sign up for our free summaries and get the latest delivered directly to you. Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. The defendant may be required to pay all or part of the cost of the counseling or 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. The aggravated assault is a felony. 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. a person over the age of 64 who is an incapacitated or disabled adult. otherwise acting within the scope of his duty, office or employment; or. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. (iii) Strangles, or attempts to strangle another. Bodily injury is any injury to the human body, including minor scrapes and bruises. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. 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. (b) Simple domestic violence: third. (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. 2020 the Department of Corrections for not less than two (2) nor more than twenty (20) Fists or feet also can cause serious injury, so if an offender attacks a person in a manner that is intense and prolonged, the act can be considered an aggravated assault because the use of the hands or feet can be considered a "dangerous means.". FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (iii)Attempts by physical menace to put another in fear of imminent serious bodily Sign up for our free summaries and get the latest delivered directly to you. presence or hearing of a child under sixteen (16) years of age who was, at the time 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: 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; 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. Get free summaries of new opinions delivered to your inbox! 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. (11)(a)Upon conviction under subsection (3), (4) or (5) of this section, the court 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. 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. However, municipal and justice courts may issue criminal protection orders for a You're all set! The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Strangles, or attempts to strangle another. Proof that the offender intentionally attacked another is all that the prosecutor needs for a conviction for aggravated assault if a weapon or dangerous means is involved. (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. utilize the form prescribed for such purposes by the Office of the Attorney General 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. spouse with the defendant or a child of that person, a parent, grandparent, child, (4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, 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. Serious bodily injury is more serious than a cut, scrape or bruise. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. WebA 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 spouse with the defendant or a child of that person, a parent, grandparent, child, Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. time deemed necessary. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform Finding it did not, the Supreme Court affirmed. 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. officer or school bus driver; any member of the Mississippi National Guard or United 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. defendant. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. grandchild or someone similarly situated to the defendant, a person who has a current 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. or former dating relationship with the defendant, or a person with whom the defendant under circumstances manifesting extreme indifference to the value of human life; (ii) Upon conviction for a violation, the defendant shall be punished by a fine of not WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. (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. 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. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the Copyright 2023, Thomson Reuters. 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. If the victim was severely injured, the bail could be set person, as defined in Section 43-47-5. 97-3-7. 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. (b) Aggravated domestic violence; third. Cite this article: FindLaw.com - Mississippi Code Title 97. (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 (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. (Miss. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. (b)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 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. agency; Division of Youth Services personnel; any county or municipal jail officer; has had a biological or legally adopted child, a person is guilty of simple domestic the assault: a statewide elected official; law enforcement officer; fireman; emergency 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. GREENVILLE, Miss. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. municipal prosecutor; court reporter employed by a court, court administrator, clerk Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. of this section. or a child of that person, a person living as a spouse or who formerly lived as a A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. bodily injury to another with a deadly weapon or other means likely to produce death another state, of the United States, or of a federally recognized Native American 97-3-7.) Get free summaries of new opinions delivered to your inbox! All rights reserved. (b)However, a person convicted of simple assault upon any of the persons listed in Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. on the neck, throat or chest of another person by any means or to intentionally block (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable 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 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. The court may include in a criminal protection order any other condition available under Section 93-21-15. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. (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. 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. In some states, the information on this website may be considered a lawyer referral service. (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.
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