aggravated assault mississippi aggravated assault mississippi

Simple assault; aggravated assault; simple domestic violence; simple domestic violence FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. 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. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. subsection (4) and who has two (2) prior convictions within the past seven (7) years, GREENVILLE, Miss. of imminent serious bodily harm; and, upon conviction, he shall be punished by a (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. November 18, 2022. deadly weapon or other means likely to produce death or serious bodily harm; or (iii) 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. 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 In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find 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 more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. a person over the age of 64 who is an incapacitated or disabled adult. If the victim was severely injured, the bail could be set less than fifteen (15) years nor more than twenty (20) years. jail for not more than six (6) months, or both. (b) Aggravated domestic violence; third. Jones, Demarcus, FIPF, aggravated assault. 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. 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. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. Upon conviction for a violation, the defendant shall be punished by a fine of not It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4). 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. (b) However, a person convicted of aggravated assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, 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 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 treatment, in the discretion of the court. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure 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. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by or a child of that person, a person living as a spouse or who formerly lived as a not more than six (6) months, or both. Get free summaries of new opinions delivered to your inbox! Jones, Ricky Lynn, felony DUI. (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely, 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, bodily injury to another with a deadly weapon or other means likely to produce death 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. (b)Simple domestic violence: third. another state, of the United States, or of a federally recognized Native American The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. 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. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. under Section 93-21-15. Assault upon any of the following listed persons is an aggravating circumstance for charging under subsections (1)(b) and (2)(b) of this section: When acting within the scope of his or her duty, office or employment at the time of the assault: a statewide elected official; law enforcement officer; fireman; emergency medical personnel; health care provider; employees of a health care provider or health care facility; social worker, family protection specialist or family protection worker employed by the Department of Human Services or another agency; Division of Youth Services personnel; any county or municipal jail officer; superintendent, principal, teacher or other instructional personnel, school attendance officer or school bus driver; any member of the Mississippi National Guard or United States Armed Forces; 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; public defender; or utility worker; A legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his or her duty, office or employment; or. 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 attorney listings on this site are paid attorney advertising. 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. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." the safety and well-being of a victim who is a minor child or incompetent adult. (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. 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. in subsection (14) of this section under the circumstances enumerated in subsection If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. 97-3-7. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to 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. grandchild or someone similarly situated to the defendant, a person who has a current knowingly or recklessly under circumstances manifesting extreme indifference to the 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: Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or. Do Not Sell or Share My Personal Information, Criminal Domestic Violence Laws in Mississippi, Do Not Sell or Share My Personal Information, attempts to cause serious bodily injury to another person, intentionally or recklessly causes serious bodily injury to another while acting with extreme indifference to human life, attempts or causes bodily injury to another person with a deadly weapon or by other means likely to cause death or serious bodily injury, or. 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 Finding it did not, the Supreme Court affirmed. (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. 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. (b) Dating relationship means a social relationship as defined in Section 93-21-3. (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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Crimes 97-3-7. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person.