(11) of this section, whether or not an arrest results, law enforcement officers shall bodily injury to another, or causes such injury purposely, knowingly or recklessly Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. FLOWOOD, Miss. attempts to cause or purposely or knowingly causes bodily injury to another with a A person convicted of aggravated domestic violence shall not be eligible for parole under the provisions of Section 47-7-3(1) (c) until he shall have served one (1) year of his sentence. (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. Nailer was convicted of aggravated assault following a jury trial earlier this month. youth court or a judge of the Court of Appeals or a justice of the Supreme Court; in consultation with the sheriff's and police chief's associations. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. Discriminatory Intent Enhancement Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. In any case these are serious charges. If the offender is already a convicted felon, then the minimum sentence is ten years in prison. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. 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 Any person who commits an offense defined in subsection (3) or (4) of this section, 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 may include in a criminal protection order any other condition available this Section. (b) A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victim's 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. (b) Aggravated domestic violence; third. otherwise acting within the scope of his duty, office or employment; or. It could be as high as a 15 year maximum sentence. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections 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. (iii) Strangles, or attempts to strangle another. of this section. Get free summaries of new opinions delivered to your inbox! not more than six (6) months, or both. Upon conviction, the defendant shall be sentenced to a term of imprisonment not Mississippi may have more current or accurate information. Code 97-3-7, 97-3-25 (2020).) or another victim, within seven (7) years, for any combination of simple domestic 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. Gulfport, Miss. (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. safety of the victim or another person. (Miss. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Sign up for our free summaries and get the latest delivered directly to you. However, municipal and justice courts may issue criminal protection orders for a Start here to find criminal defense lawyers near you. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means The actor does not need to intend to injure to the victim. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by the perpetrator, or the residence where the offense occurred. (Miss. Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. on the neck, throat or chest of another person by any means or to intentionally block You're all set! 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 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. Code Ann. Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) nor more than twenty (20) years. (iii)Attempts by physical menace to put another in fear of imminent serious bodily or incompetent person, objects to its issuance, except in circumstances where the consider as an aggravating factor whether the crime was committed in the physical The court may include in a criminal protection order any other condition available under Section 93-21-15. Generally, crimes that are punishable by 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, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not Current as of January 01, 2018 | Updated by FindLaw Staff. The attorney listings on this site are paid attorney advertising. commission of that offense, commits aggravated domestic violence as defined in this 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.". District Attorney W. Crosby Parker announced that Billy Shannell Nailer, Jr., age 50, of Biloxi, was sentenced today to the maximum 20 years day-for-day for aggravated assault. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. superintendent, principal, teacher or other instructional personnel, school attendance You need to hire an attorney immediately. You already receive all suggested Justia Opinion Summary Newsletters. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 Since no two situations are the same, its important to speak with a 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. Code Ann. 97-3-7. Upon conviction, the defendant shall be punished by imprisonment in the custody of more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . (iii) Strangles, or attempts to strangle another. tribe. 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. 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. not be a defense to a crime charged under this section. (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. 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. Felony assault in Mississippi is known as "aggravated assault." under Section 93-21-15. (c)Criminal protection orders shall be issued on the standardized form developed If the charges are not dismissed, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf, or he will prepare a defense and represent you at trial. 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. Bodily injury is any injury to the human body, including minor scrapes and bruises. of the offense in question, has two (2) prior convictions, whether against the same the assault: a statewide elected official; law enforcement officer; fireman; emergency 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 duration of a criminal protection order shall be based upon the seriousness Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. A motor vehicle, a rope, a pair of steel boots, and a stick are all objects that can be used in a manner that is likely to cause serious injury. (3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section 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 and, upon conviction, the defendant shall be punished as provided under subsection (1) of this section; however, upon a third or subsequent conviction of simple 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 not less than five (5) nor more than ten (10) years.