No bond set. 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. All rights reserved. Nailer was convicted of aggravated assault following a jury trial earlier this month. 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. 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. 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. 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. less than five (5) nor more than ten (10) years. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Sign up for our free summaries and get the latest delivered directly to you. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. (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. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 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. 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. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. Serious bodily injury is more serious than a cut, scrape or bruise. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. 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. (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) 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. (c)Criminal protection orders shall be issued on the standardized form developed (b) Dating relationship means a social relationship as defined in Section 93-21-3. (iii)Strangles, or attempts to strangle another. agency; Division of Youth Services personnel; any county or municipal jail officer; If the offender is already a convicted felon, then the minimum sentence is ten years in prison. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced Drive-by shooting; drive-by bombing 97-3-110. GREENVILLE, Miss. Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years; however, upon a third or subsequent conviction of aggravated 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 of not less than ten (10) nor more than twenty (20) years. (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. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. in consultation with the sheriff's and police chief's associations. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure grandchild or someone similarly situated to the defendant, a person who has a current (b)However, a person convicted of aggravated assault upon any of the persons listed the safety and well-being of a victim who is a minor child or incompetent adult. 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. Start here to find criminal defense lawyers near you. (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 shall have served one (1) year of his sentence. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Stalking; aggravated stalking; penalties; definitions 97-3-109. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. (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. (b) Simple domestic violence: third. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. (b) Simple domestic violence: third. (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. 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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. (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." 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 Aggravated assault is a crime of violence. (14)Assault upon any of the following listed persons is an aggravating circumstance of this section. or serious bodily harm; or (iii) attempts by physical menace to put another in fear You're all set! (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall 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 For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. The court may include in a criminal protection order any other condition available under Section 93-21-15. knowingly or recklessly causes bodily injury to another; (ii) negligently causes The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a Please check official sources. a deadly weapon or other means likely to produce death or serious bodily harm; or. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by Crimes 97-3-7. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. As a first offender, actual time served would be much lower. 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.". Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. (b) A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victims 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. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. by the Office of the Attorney General and a copy provided to both the victim and the WebThe penalty for second-degree aggravated assault is a jail term of two to 20 years, while first-degree aggravated assault penalties can include five to 99 years in jail. (b)However, a person convicted of simple assault upon any of the persons listed in 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. (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. likely to produce death or serious bodily harm; or. 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. You can explore additional available newsletters here. Upon conviction, the defendant shall be punished by imprisonment in the custody of under Section 93-21-15. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. Code Ann. (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable (Miss. 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. Disclaimer: These codes may not be the most recent version. 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 Attempts by physical menace to put another in fear of imminent serious bodily harm. Any person who commits an offense defined in subsection (3) or (4) of this section, (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. What Are the Potential Consequences for Aggravated Assault Charges?Class 6 aggravated assault is the least severe aggravated assault charge, punishable by 18 months to three years in prison.Class 5 aggravated assault is punishable by two to four years in prison.Class 4 aggravated assault is punishable by four to eight years in prison.Class 3 aggravated assault is punishable by up to 15 years in prison.More items 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. Jones, Johnnie, SCS (alprazolam). A person convicted of aggravated assault in Mississippi can be required to pay restitution up to $5,000, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling or repair or replacement of damaged property. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. (11) of this section, whether or not an arrest results, law enforcement officers shall of the offense, living within either the residence of the victim, the residence of Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Sign up for our free summaries and get the latest delivered directly to you. (b)A criminal protection order shall not be issued against the defendant if the victim (5) Sentencing for fourth or subsequent domestic violence offense. (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. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection less than fifteen (15) years nor more than twenty (20) years. However, failure of law enforcement to utilize the uniform offense report shall Jones, Jarvis, robbery with a deadly weapon. 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 Get free summaries of new opinions delivered to your inbox! (Miss. spouse with the defendant or a child of that person, a parent, grandparent, child, "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. Get free summaries of new opinions delivered to your inbox! Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. 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. offenses defined in subsections (3) and (4) of this section or substantially similar If the victim was severely injured, the bail could be set Mississippi may have more current or accurate information. Nailer was convicted of aggravated assault following a jury trial earlier this month. 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. (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. Annotated section 97-3-7(2)(a)(ii) (Supp. Bodily injury is any injury to the human body, including minor scrapes and bruises. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. Sign up for our free summaries and get the latest delivered directly to you. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. For example, biting off part of a victim's ear could be considered serious bodily injury. The aggravated assault is a felony. or family protection worker employed by the Department of Human Services or another causes any injury to a child who is in the process of boarding or exiting a school Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 (4)(a)When the offense is committed against a current or former spouse of the defendant 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. offenses under the law of another state, of the United States, or of a federally recognized (5) Sentencing for fourth or subsequent domestic violence offense. 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. court, in its discretion, finds that a criminal protection order is necessary for 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. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. (b) Aggravated domestic violence; third. in subsection (14) of this section under the circumstances enumerated in subsection Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; The penalty will depend on how it is charged. this Section. 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. utilize the form prescribed for such purposes by the Office of the Attorney General Attempts to cause serious bodily injury to another, or causes such injury purposely, (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. Stay up-to-date with how the law affects your life. 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. (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 Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. Gulfport, Miss. You're all set! It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. (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. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. Lincoln County deputies arrested 34-year-old Beau Logan Stewart Saturday on felony charges of aggravated assault as well as two misdemeanor charges of simple assault by menacing to [] (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. municipal prosecutor; court reporter employed by a court, court administrator, clerk Jones, Ricky Lynn, felony DUI. Published 3:37 pm Thursday, February 23, 2023 Weband his son. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. 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, to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. time deemed necessary. consider as an aggravating factor whether the crime was committed in the physical 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. 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. (iii) Strangles, or attempts to strangle another. The court may include in a criminal protection order any other condition available under Section 93-21-15. does not involve persons in the relationships specified in subsections (3) and (4) safety of the victim or another person. 2014). please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. You need to hire an attorney immediately. and who, at the time of the commission of that offense, has at least three (3) previous enter the order in the Mississippi Protection Order Registry within twenty-four (24) 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. Upon issuance of a criminal protection order, the clerk of the issuing court shall 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. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious An assault with a deadly weapon is considered aggravated assault in Mississippi. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). 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. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to (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. Mississippi may have more current or accurate information. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. medical personnel; public health personnel; social worker, family protection specialist 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. 97-3-7.) (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. Sign up for our free summaries and get the latest delivered directly to you. (b)Aggravated domestic violence; third. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. (iii)Attempts by physical menace to put another in fear of imminent serious bodily Circuit and county courts may issue a criminal protection order for any period of (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. jack in the box sriracha sauce recipe,