(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. Bryce Tippett, 18, of Sanford, was charged with elevated aggravated assault following a reported stabbing on Pinewood Drive. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. Upon conviction under subsection (3), (4) or (5) of this section, the court shall be empowered to issue a criminal protection order prohibiting the defendant from any contact with the victim. (b)A criminal protection order shall not be issued against the defendant if the victim Crimes 97-3-7. 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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. Aggravated assault committed against a current or former spouse, a family member who resides or previously resided with the offender, a parent, grandparent, child, grandchild, or someone whom the offender is dating is aggravated domestic violence and can subject the offender to higher penalties under certain circumstances. causes injury to a child who is in the process of boarding or exiting a school bus if the offender has failed to stop for the bus according to traffic laws. Mississippi (c)Criminal protection orders shall be issued on the standardized form developed Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. You already receive all suggested Justia Opinion Summary Newsletters. Disclaimer: These codes may not be the most recent version. 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. Jones, Demarcus, FIPF, aggravated assault. WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. or a child of that person, a person living as a spouse or who formerly lived as a The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. 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. of the offense, living within either the residence of the victim, the residence of (iii) Strangles, or attempts to strangle another. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. (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. of the offense in question, has two (2) prior convictions, whether against the same Crimes 97-3-7. (5) Sentencing for fourth or subsequent domestic violence offense. Aggravated Assault Laws and Penalties (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) has had a biological or legally adopted child, a person is guilty of aggravated domestic The penalty will depend on how it is charged. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . 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 Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. (a) Upon conviction under subsection (3), (4) or (5) of this section, the court shall be empowered to issue a criminal protection order prohibiting the defendant from any contact with the victim. aggravated assault Blackwell sentences Randall to life in prison on murder charge, (Miss. 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 Strangles, or attempts to strangle another. Aggravated assault is an intentional or reckless assault which results in serious bodily injury to another, results in the death of another, involved a deadly weapon, or involved strangulation or attempted strangulation. If a person commits an aggravated assault, then they could be charged with a Class C or Class D felony, depending on whether the act was intentional or reckless. MISSISSIPPI He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. Gulfport, Miss. The victim was taken to the hospital, where he is listed in stable but serious condition. 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. of the facts before the court, the probability of future violations, and the continued Jones, Ricky Lynn, felony DUI. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. (4)(a)When the offense is committed against a current or former spouse of the defendant Penalties For Assault and Aggravated Assault in Mississippi Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. has had a biological or legally adopted child, a person is guilty of simple domestic 2 counts of aggravated assault and Sign up for our free summaries and get the latest delivered directly to you. You're all set! another state, of the United States, or of a federally recognized Native American Upon conviction for a violation, the defendant shall be punished by a fine of not Finding it did not, the Supreme Court affirmed. Get free summaries of new opinions delivered to your inbox! The court may include in a criminal protection order any other condition available under Section 93-21-15. (1) (a) A person is guilty of simple assault if he or she (i) 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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. violence under this subsection (4) or simple domestic violence third as defined in (b)Aggravated domestic violence; third. Under Mississippi law, a person commits an aggravated assault if he: Aggravated 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, and the intent of the offender. violence under this subsection (3) or aggravated domestic violence as defined in subsection (5) Sentencing for fourth or subsequent domestic violence offense. Forfeiture of vehicles used in drive-by shootings or bombings 97-3-113. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Published 3:37 pm Thursday, February 23, 2023 If the defendant violates any conditions set by the Court, he can be required to serve the rest of the sentence in jail or prison. "Means" refers to an object or to the use of the body. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. (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. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. Generally, crimes that are punishable by 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 (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. (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 aggravated domestic violence who: (i) 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; (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.