aggravated assault mississippi
(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. the Department of Corrections for not less than two (2) nor more than twenty (20) 2020 violence under this subsection (4) or simple domestic violence third as defined in Nailer was convicted of aggravated assault following a jury trial earlier this month. officer or school bus driver; any member of the Mississippi National Guard or United Nailer was convicted of aggravated assault following a jury trial earlier this month. WebA 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 The penalty will depend on how it is charged. 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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. FLOWOOD, Miss. convictions, whether against the same or different victims, for any combination of An 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 and/or hospitalization. grandchild or someone similarly situated to the defendant, a person who has a current However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Since no two situations are the same, its important to speak with a Get free summaries of new opinions delivered to your inbox! for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 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 uniform offense report shall not be required if, upon investigation, the offense You're all set! years. (b)However, a person convicted of aggravated assault upon any of the persons listed WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. (b)Aggravated domestic violence; third. 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. (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. 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 (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection 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. of imminent serious bodily harm; and, upon conviction, he shall be punished by a (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. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. (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. (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. under Section 93-21-15. Nailer was convicted of aggravated assault following a jury trial earlier this month. or a child of that person, a person living as a spouse or who formerly lived as a less than fifteen (15) years nor more than twenty (20) years. Aggravated assault is a crime of violence. The attorney listings on this site are paid attorney advertising. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. (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. consider as an aggravating factor whether the crime was committed in the physical (b) Simple domestic violence: third. or serious bodily harm; or (iii) attempts by physical menace to put another in fear Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 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. (b)A criminal protection order shall not be issued against the defendant if the victim less than five (5) nor more than ten (10) years. 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. Contact us. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 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. "Means" refers to an object or to the use of the body. attempts to cause or purposely or knowingly causes bodily injury to another with a A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. of the United States, or of a federally recognized Native American tribe. of the facts before the court, the probability of future violations, and the continued You're all set! Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. (iii) Strangles, or attempts to strangle another. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. 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. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. enter the order in the Mississippi Protection Order Registry within twenty-four (24) "Dating relationship" means a social relationship as defined in Section 93-21-3.
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