At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. Mississippi may have more current or accurate information. Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; Get free summaries of new opinions delivered to your inbox! WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. the nose or mouth of another person by any means. In any case these are serious charges. 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. Weband his son. (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: (a) 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; (b) 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. (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. 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. 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. You can explore additional available newsletters here. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. otherwise acting within the scope of his duty, office or employment; or. (4) (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. (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable 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. Published 3:37 pm Thursday, February 23, 2023 or treatment to bring about the cessation of domestic abuse. knowingly or recklessly under circumstances manifesting extreme indifference to the Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. The actor does not need to intend to injure to the victim. violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, Cite this article: FindLaw.com - Mississippi Code Title 97. this Section. agency; Division of Youth Services personnel; any county or municipal jail officer; youth court or a judge of the Court of Appeals or a justice of the Supreme Court; Read more Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Nailer was convicted of aggravated assault following a jury trial earlier this month. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections 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. Serious bodily injury is more serious than a cut, scrape or bruise. under circumstances manifesting extreme indifference to the value of human life; (ii) (you are here), This site is protected by reCAPTCHA and the Google, Go to previous versions spouse with the defendant or a child of that person, a parent, grandparent, child, As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (b)A criminal protection order shall not be issued against the defendant if the victim grandchild or someone similarly situated to the defendant, a person who has a current If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. has had a biological or legally adopted child, a person is guilty of simple domestic (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. 97-3-7. of 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 (b)Aggravated domestic violence; third. (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. Simple assault; aggravated assault; simple domestic violence; simple domestic violence It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. Categories: Crime, Featured, Local News, News. 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. time deemed necessary. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the or family protection worker employed by the Department of Human Services or another (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. 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. 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. (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. 99-19-301, 99-19-307.). "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. Fifteenth Circuit Court District Attorney Hal Kittrell announced that on Feb. 14, Timothy Dewayne Taylor, 42, of Prentiss, was found guilty by a Jefferson Davis County jury. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. 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. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. or incompetent person, objects to its issuance, except in circumstances where the Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by of the facts before the court, the probability of future violations, and the continued Code Ann. Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. (b) Dating relationship means a social relationship as defined in Section 93-21-3. 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 as a condition of any suspended sentence that the defendant participate in counseling (1) (a) A person is guilty of simple assault if he or she (i) 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. Sign up for our free summaries and get the latest delivered directly to you. Strangles, or attempts to strangle another. (3)(a)When the offense is committed against a current or former spouse of the defendant www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. (7) When investigating allegations of a violation of subsection (3) or (4) of this section, 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. Gulfport, Miss. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. Jones, Demarcus, FIPF, aggravated assault. Generally, crimes that are punishable by WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. (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 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. 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. (iii) Strangles, or attempts to strangle another. (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. Code Ann. offenses defined in subsections (3) and (4) of this section or substantially similar Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means Upon conviction for aggravated domestic violence third, the defendant shall be sentenced (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." presence or hearing of a child under sixteen (16) years of age who was, at the time In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. 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. (5) Sentencing for fourth or subsequent domestic violence offense. 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. Get free summaries of new opinions delivered to your inbox! Bodily injury is any injury to the human body, including minor scrapes and bruises. more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for 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. You need to hire an attorney immediately. No bond set. Code Ann. Upon conviction for a violation, the defendant shall be punished by a fine of not Discriminatory Intent Enhancement Nailer was convicted of aggravated assault following a jury trial earlier this month.