agency; Division of Youth Services personnel; any county or municipal jail officer; 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. by the Office of the Attorney General and a copy provided to both the victim and the In some states, the information on this website may be considered a lawyer referral service. Gulfport, Miss. BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. (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. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. Fists or feet also can cause serious injury, so if an offender attacks a person in a manner that is intense and prolonged, the act can be considered an aggravated assault because the use of the hands or feet can be considered a "dangerous means.". value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with consider as an aggravating factor whether the crime was committed in the physical This site is protected by reCAPTCHA and the Google, There is a newer version Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Gulfport, Miss. another state, of the United States, or of a federally recognized Native American Sign up for our free summaries and get the latest delivered directly to you. violence under this subsection (4) or simple domestic violence third as defined in (b) Aggravated domestic violence; third. 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. more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for (1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. (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. (10)Every conviction under subsection (3), (4) or (5) of this section may require 99-19-301, 99-19-307.). District Attorney W. Crosby Parker announced that Billy Shannell Nailer, Jr., age 50, of Biloxi, was sentenced today to the maximum 20 years day-for-day for aggravated assault. 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. Serious bodily injury is more serious than a cut, scrape or bruise. (b)However, a person convicted of aggravated assault upon any of the persons listed 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. (b) Simple domestic violence: third. (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. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. otherwise acting within the scope of his duty, office or employment; or. (5) Sentencing for fourth or subsequent domestic violence offense. Disclaimer: These codes may not be the most recent version. for charging under subsections (1)(b) and (2)(b) of this section: (a)When acting within the scope of his duty, office or employment at the time of time deemed necessary. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Simple and aggravated assault; simple and aggravated domestic violence. The sole issue before the Mississippi Supreme Court was whether the trial court erred in instructing the jury that self-defense is not a defense to the crime of felon in possession of a firearm. (4) of this section or substantially similar offenses under the law of another state, FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. less than fifteen (15) years nor more than twenty (20) years. commission of that offense, commits aggravated domestic violence as defined in this (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. (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. as a condition of any suspended sentence that the defendant participate in counseling tribe. (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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. Crimes 97-3-7. under circumstances manifesting extreme indifference to the value of human life; (ii) or former dating relationship with the defendant, or a person with whom the defendant (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. Upon issuance of a criminal protection order, the clerk of the issuing court shall However, municipal and justice courts may issue criminal protection orders for a The court may include in a criminal protection order any other condition available enter the order in the Mississippi Protection Order Registry within twenty-four (24) person, as defined in Section 43-47-5. Upon conviction, 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. of the facts before the court, the probability of future violations, and the continued (b)Dating relationship means a social relationship as defined in Section 93-21-3. 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 However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. Mississippi may have more current or accurate information. years. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. the nose or mouth of another person by any means. 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. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. 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. offense report. Aggravated domestic violence; third.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. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights.
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