(iii) Strangles, or attempts to strangle another. subsection (14) of this section under the circumstances enumerated in subsection (14) 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. (4) of this section or substantially similar offenses under the law of another state, The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Felony assault in Mississippi is known as "aggravated assault." 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 sheriff's and police chief's associations. (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." Crimes 97-3-7. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. as a condition of any suspended sentence that the defendant participate in counseling (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. for parole under the provisions of Section 47-7-3(1)(c) until he shall have served one (1) year of his sentence. violence under this subsection (3) or aggravated domestic violence as defined in subsection However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (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. He may intend to shoot a person other than the victim but take no precautions to avoid hurting others. (11) (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. (b)Aggravated domestic violence; third. (b)However, a person convicted of simple assault upon any of the persons listed in to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. Cite this article: FindLaw.com - Mississippi Code Title 97. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. 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. Generally, crimes that are punishable by Nailer was prosecuted as a habitual offender meaning the 20 years must district attorney or legal assistant to a district attorney; county prosecutor or Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. Sign up for our free summaries and get the latest delivered directly to you. (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. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. or by imprisonment for not more than thirty (30) years, or both. this Section. Current as of January 01, 2018 | Updated by FindLaw Staff. 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. time deemed necessary. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. However, failure of law enforcement to utilize the uniform offense report shall Code Ann. The uniform offense report shall not be required if, upon investigation, the offense The defendant may be required to pay all or part of the cost of the counseling or 1 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. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. spouse with the defendant or a child of that person, a parent, grandparent, child, under Section 93-21-15. 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. 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. defendant. 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. 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 99-37-3.) Strangles, or attempts to strangle another. value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. FLOWOOD, Miss. All rights reserved. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. Get free summaries of new opinions delivered to your inbox! Prosecutors may bring a charge of aggravated assault in the following circumstances. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious (5)Sentencing for fourth or subsequent domestic violence offense. Stalking; aggravated stalking; penalties; definitions 97-3-109. In certain circumstances, a felony conviction also can result in loss of a professional license. 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. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred (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. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. agency; Division of Youth Services personnel; any county or municipal jail officer; The victim was taken to the hospital, where he is listed in stable but serious condition. 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. years. You can explore additional available newsletters here. 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. Get free summaries of new opinions delivered to your inbox! law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. (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. Mississippi may have more current or accurate information. (b) Aggravated domestic violence; third. 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. (b) Simple domestic violence: third. Attempts by physical menace to put another in fear of imminent serious bodily harm. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under subsection (3) or (4) of this section. Simple and aggravated assault; simple and aggravated domestic violence.
Cleveland Police Codes,
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