A person is guilty of aggravated assault if he or she (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 or she shall be punished by imprisonment in the county jail for not more than one (1) year or sentenced to the custody of the Department of Corrections for not more than twenty (20) years. offenses defined in subsections (3) and (4) of this section or substantially similar 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. Please check official sources. a deadly weapon or other means likely to produce death or serious bodily harm; or. Code Ann. (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. In certain circumstances, a felony conviction also can result in loss of a professional license. another state, of the United States, or of a federally recognized Native American Nailer was convicted of aggravated assault following a jury trial earlier this month. (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. Stanfield v. Mississippi If the offender is already a convicted felon, then the minimum sentence is ten years in prison. A person is guilty of the felony of simple domestic violence third who commits simple hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. You can explore additional available newsletters here. Mississippi (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. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. (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. 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. (a) "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. (iii) Strangles, or attempts to strangle another. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." Upon issuance of a criminal protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. aggravated assault WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. harm. Aggravated assault against certain victims designated in Mississippi's assault statute exposes the offender to even more serious penalties than those for aggravated assault. The court may include in a criminal protection order any other condition available under Section 93-21-15. Cite this article: FindLaw.com - Mississippi Code Title 97. 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. medical personnel; public health personnel; social worker, family protection specialist (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. this Section. subsection (14) of this section under the circumstances enumerated in subsection (14) Aggravated assault is a very serious criminal charge. Mississippi (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. Note that under Mississippi's aggravated assault statute, if a person commits an assault with a deadly weapon or by dangerous means, he need only intend minor injury and whether injury actually results is irrelevant. domestic violence as defined in this subsection (3) and who, at the time of the commission officer or school bus driver; any member of the Mississippi National Guard or United A person convicted of aggravated domestic violence 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. Felony assault in Mississippi is known as "aggravated assault." superintendent, principal, teacher or other instructional personnel, school attendance We were able to take a violent individual off the streets and show that there are severe consequences for those who do harm to others in Jefferson Davis County. less than fifteen (15) years nor more than twenty (20) years. 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. 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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. 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. Finding it did not, the Supreme Court affirmed. Aggravated Assault does not involve persons in the relationships specified in subsections (3) and (4) consider as an aggravating factor whether the crime was committed in the physical A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by Mississippi Code 97-3-7 (2019) - Simple assault; A person is guilty of aggravated domestic violence third who, at the time of the commission of that offense, commits aggravated domestic violence as defined in this subsection (4) and who has two (2) prior convictions within the past seven (7) years, whether against the same or another victim, for any combination of aggravated domestic violence under this subsection (4) or simple domestic violence third as defined in subsection (3) of this section, or substantially similar offenses under the laws of another state, of the United States, or of a federally recognized Native American tribe. or former dating relationship with the defendant, or a person with whom the defendant Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not time deemed necessary. (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. jail for not more than six (6) months, or both. Attempts to cause serious bodily injury to another, or causes such injury purposely, 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. offenses under the law of another state, of the United States, or of a federally recognized Attempts by physical menace to put another in fear of imminent serious bodily harm. (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. 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. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code.
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