In some states, the information on this website may be considered a lawyer referral service. You're all set! (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. 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. A person who is convicted of simple assault in Mississippi can be sentenced to up to six months in jail, fined up to $500, or both. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (12)When investigating allegations of a violation of subsection (3), (4), (5) or Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. Annotated section 97-3-7(2)(a)(ii) (Supp. medical personnel; public health personnel; social worker, family protection specialist In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." Jones, Johnnie, SCS (alprazolam). 1 of 3. of the offense in question, has two (2) prior convictions, whether against the same 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. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. of Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to Less serious assaults are charged as misdemeanors. A person on supervised probation must meet with a probation officer and comply with conditions of probation such as treatment, maintaining employment and avoiding any further criminal activity or arrests. Crimes 97-3-7. You already receive all suggested Justia Opinion Summary Newsletters. grandchild or someone similarly situated to the defendant, a person who has a current 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. 1 of 3. (iii) Strangles, or attempts to strangle another. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. (6) Every conviction of domestic violence 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. or a child of that person, a person living as a spouse or who formerly lived as a to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. of the offense, or the victim's lawful representative where the victim is a minor less than five (5) nor more than ten (10) years. not be a defense to a crime charged under this section. Get free summaries of new opinions delivered to your inbox! and who, at the time of the commission of that offense, has at least three (3) previous 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. 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 WebAggravated Assault Mississippi Gulfport Top Gulfport, MS Aggravated Assault Lawyers Near You Butler Snow LLP Aggravated Assault Lawyers | Gulfport Office 1300 25th Avenue, Suite 204, PO Drawer 4248, Gulfport, MS 39502 Boyce Holleman & Associates Aggravated Assault Lawyers | Gulfport Office please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. A person is guilty of aggravated domestic violence third who, at the time of the attempts to cause or purposely or knowingly causes bodily injury to another with a An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. In certain circumstances, a felony conviction also can result in loss of a professional license. 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. Get free summaries of new opinions delivered to your inbox! If you are facing a charge of aggravated assault in Mississippi, an attorney can investigate the case and determine if you were wrongfully charged or there are other reasons why the case should be dismissed before trial. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. 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 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. Web(2) A person is guilty of aggravated assault if he (a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. of imminent serious bodily harm; and, upon conviction, he shall be punished by a (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious or former dating relationship with the defendant, or a person with whom the defendant Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 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 by physical menace to put another in fear of imminent serious bodily harm. (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. WebViolent crimes are aggressively prosecuted in Mississippi, and anyone accused of a violent offense should have strong legal representation. (5)Sentencing for fourth or subsequent domestic violence offense. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. 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 "Strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck, throat or chest of another person by any means or to intentionally block the nose or mouth of another person by any means. Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. (b) Aggravated domestic violence; third. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. The uniform offense report shall not be required if, upon investigation, the offense offense report. However, failure of law enforcement to utilize the uniform offense report shall Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. Bodily injury is any injury to the human body, including minor scrapes and bruises. However, a simple assault charge can be upgraded to an aggravated one if the victim was a special victim, such as an emergency service provider, law enforcement, senior adults, and others. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find 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. (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. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. (1) (a) A person is guilty of simple assault if he or she (i) Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. 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. (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. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. or incompetent person, objects to its issuance, except in circumstances where the Upon issuance of a criminal protection order, the clerk of the issuing court shall A court in Mississippi can suspend all or a portion of a jail or prison sentence as long as the defendant successfully completes probation and/or any other conditions the court imposes. subsection (14) of this section under the circumstances enumerated in subsection (14) (Miss. (b) Simple domestic violence: third. as a condition of any suspended sentence that the defendant participate in counseling Simple assault; aggravated assault; simple domestic violence; simple domestic violence another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means Discriminatory Intent Enhancement District Attorney W. Crosby Parker announced that Billy Shannell Nailer, Jr., age 50, of Biloxi, was sentenced today to the maximum 20 years day-for-day for aggravated assault. Every conviction under subsection (3), (4) or (5) of this section may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. (b)Aggravated domestic violence; third. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. The attorney listings on this site are paid attorney advertising. 97-3-7.) 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. The duration of a criminal protection order shall be based upon the seriousness the safety and well-being of a victim who is a minor child or incompetent adult. fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Gulfport, Miss. The sole issue before the Mississippi Supreme Court was whether the trial court erred in instructing the jury that self-defense is not a defense to the crime of felon in possession of a firearm. Any person who commits an offense defined in subsection (3) or (4) of this section, spouse with the defendant or a child of that person, a parent, grandparent, child, (c)Criminal protection orders shall be issued on the standardized form developed A person is guilty of the felony of simple domestic violence third who commits simple WebAggravated assault is a felony in Mississippi and potential punishments include up to one year in jail or up to sixty years in prison, depending on the victim's age, victim's occupation, States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. subsection (3) of this section, or substantially similar offenses under the laws of (Miss. by the Office of the Attorney General and a copy provided to both the victim and the It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. (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. Upon conviction for a violation, the defendant shall be punished by a fine of not from any contact with the victim. District Attorney W. Crosby Parker announced today that Michael David Wheeler, 51, of Biloxi, entered a guilty plea to two counts of Aggravated Assault of Law Enforcement Officers on Wednesday of this week. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. officer or school bus driver; any member of the Mississippi National Guard or United For the purposes of this section, "strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck or throat of another person by any means or to intentionally block the nose or mouth of another person by any means. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. Penalties for a Conviction on Aggravated Assault Charges Due to the severity of the crime and classification as a violent offense, aggravated assault is always charged as a felony. The base offense is a Second Degree Felony punishable by a mandatory minimum prison sentence of at least two years. However, municipal and justice courts may issue criminal protection orders for a youth court or a judge of the Court of Appeals or a justice of the Supreme Court; Jones, Ricky Lynn, felony DUI. 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 (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. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . (a) "Strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck, throat or chest of another person by any means or to intentionally block the nose or mouth of another person by any means. shall be empowered to issue a criminal protection order prohibiting the defendant causes any injury to a child who is in the process of boarding or exiting a school Mississippi may have more current or accurate information. (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." A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. Weband his son. 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. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. 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. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. agency; Division of Youth Services personnel; any county or municipal jail officer; This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. 99-37-3.) 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 (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. Web(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 whether against the same or another victim, for any combination of aggravated domestic For example, biting off part of a victim's ear could be considered serious bodily injury. violence under this subsection (4) or simple domestic violence third as defined in The aggravated assault is a felony. convictions, whether against the same or different victims, for any combination of The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (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. 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. 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. 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. Contact us. order. 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. superintendent, principal, teacher or other instructional personnel, school attendance not more than six (6) months, or both. 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. (iii) Strangles, or attempts to strangle another. district attorney or legal assistant to a district attorney; county prosecutor or (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 February 24, 2023 WXXV Staff BILOXI, Miss. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Police charged 29-year-old Antonio Jerrod Coleman with two counts of aggravated assault, and 44-year-old Willard Fairley Jr. with one count of aggravated assault and one count of shooting into an occupied dwelling. a deadly weapon or other means likely to produce death or serious bodily harm; or. Code Ann. court, in its discretion, finds that a criminal protection order is necessary 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. FLOWOOD, Miss. WebMississippi law has harsh penalties for those convicted of assault, a crime defined as the attempt to cause bodily harm to another person. Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. (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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