aggravated assault mississippi aggravated assault mississippi

bodily injury to another with a deadly weapon or other means likely to produce death In some states, the information on this website may be considered a lawyer referral service. Circuit and county courts may issue a criminal protection order for any period of spouse with the defendant or a child of that person, a parent, grandparent, child, A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. offense report. 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. Mississippi may have more current or accurate information. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. knowingly or recklessly under circumstances manifesting extreme indifference to the Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; (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. (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. time deemed necessary. of this section. 1 of 3. (3)(a)When the offense is committed against a current or former spouse of the defendant months, or both. offenses under the law of another state, of the United States, or of a federally recognized The attorney listings on this site are paid attorney advertising. Web(1) (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 agency; Division of Youth Services personnel; any county or municipal jail officer; Get free summaries of new opinions delivered to your inbox! 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, Any person who commits an offense defined in subsection (3) or (4) of this section, A Mississippi man is accused of beating up a teenager, then dumping him into a creek after promising the injured teen he would take him to a hospital. 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. consider as an aggravating factor whether the crime was committed in the physical (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. (4)(a)When the offense is committed against a current or former spouse of the defendant (Miss. Six people were fatally shot Friday at multiple locations in a small town in rural Mississippi near the Tennessee state line, and authorities blamed a lone suspect who was arrested and charged with murder. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. of (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." For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Finding it did not, the Supreme Court affirmed. Upon conviction, the defendant shall be punished by imprisonment in the custody of (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. Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. You already receive all suggested Justia Opinion Summary Newsletters. Get free summaries of new opinions delivered to your inbox! You're all set! You're all set! The relevant part of his indictment, which did not It could be as high as a 15 year maximum sentence. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. Mississippi law designates several "special" victims including but not limited to: If a special victim is designated by his employment status, he must be performing his duties as an employee at the time of the assault. (6) Every conviction of domestic violence 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. (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. Weband his son. (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 ($5,000.00) or by imprisonment for not more than thirty (30) years, or both. The court may include in a criminal protection order any other condition available the nose or mouth of another person by any means. No bond set. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. In sentencing, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. (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. violence under this subsection (3) or aggravated domestic violence as defined in subsection 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. 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. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to (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. 1 of 3. 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. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. 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) The actor does not need to intend to injure to the victim. Aggravated assault is a crime of violence. Sign up for our free summaries and get the latest delivered directly to you. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. (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. For more information on misdemeanor assault in Mississippi, see Simple Assault in Mississippi. (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. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. You already receive all suggested Justia Opinion Summary Newsletters. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Stalking; aggravated stalking; penalties; definitions 97-3-109. "Means" refers to an object or to the use of the body. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. district attorney or legal assistant to a district attorney; county prosecutor or as a condition of any suspended sentence that the defendant participate in counseling tribe. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Copyright 2023, Thomson Reuters. Stay up-to-date with how the law affects your life. (b)Simple domestic violence: third. municipal prosecutor; court reporter employed by a court, court administrator, clerk sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform 2014). However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (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. 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.