district attorney or legal assistant to a district attorney; county prosecutor or the perpetrator, or the residence where the offense occurred. 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. (iii)Strangles, or attempts to strangle another. presence or hearing of a child under sixteen (16) years of age who was, at the time A Mississippi man already serving time for the attempted murder of a Jefferson Davis County deputy in 2019 was found guilty of aggravated assault in a 2015 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 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. (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. (4) of this section or substantially similar offenses under the law of another state, Jones, Johnnie, SCS (alprazolam). (c)Criminal protection orders shall be issued on the standardized form developed 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. Code Ann. (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. 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. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. (b)However, a person convicted of aggravated assault upon any of the persons listed Jones, Jarvis, robbery with a deadly weapon. spouse with the defendant or a child of that person, a parent, grandparent, child, violence under this subsection (4) or simple domestic violence third as defined in However, municipal and justice courts may issue criminal protection orders for a subsection (4) and who has two (2) prior convictions within the past seven (7) years, subsection (14) of this section under the circumstances enumerated in subsection (14) You're all set! 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. 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. The court may include in a criminal protection order any other condition available As a first offender, actual time served would be much lower. If an offender commits an aggravated assault because of the victim's actual or perceived color, race, ethnicity, national origin, religion or gender, the court can impose twice the prison sentence or twice fine provided for aggravated assault, or both. jail for not more than six (6) months, or both. 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. To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. Jones, Ricky Lynn, felony DUI. 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. (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the 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. If the charges are not dismissed, an attorney may be able to negotiate a plea bargain with the prosecutor on your behalf, or he will prepare a defense and represent you at trial. (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. The relevant part of his indictment, which did not A court in Mississippi can suspend all or a portion of a jail or prison sentence as long as the defendant successfully completes probation and/or any other conditions the court imposes. (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. as a condition of any suspended sentence that the defendant participate in counseling Upon conviction, the defendant shall be sentenced to a term of imprisonment not spouse with the defendant or a child of that person, a parent, grandparent, child, A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. deadly weapon or other means likely to produce death or serious bodily harm; or (iii) WebIn Mississippi and most other states, violent crimes generally have longer statutes of limitations, and some crimes (like murder and rape) have no statute of limitationsmeaning a criminal case can be filed at any time. Since no two situations are the same, its important to speak with a Attempts by physical menace to put another in fear of imminent serious bodily harm. Web571 Highway 51, Suite B, Ridgeland, MS 39157 . Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. (iii) Strangles, or attempts to strangle another. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. (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. not more than six (6) months, or both. in consultation with the sheriff's and police chief's associations. medical personnel; public health personnel; social worker, family protection specialist (12) 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 sheriffs and police chiefs associations. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. 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. Nailer was convicted of aggravated assault following a jury trial earlier this month. Simple domestic violence: third.A person is guilty of the felony of simple domestic violence third who commits simple domestic violence as defined in this subsection (3) and who, at the time of the commission of the offense in question, has two (2) prior convictions, whether against the same or another victim, within seven (7) years, for any combination of simple domestic violence under this subsection (3) or aggravated domestic violence as defined in subsection (4) of this section or substantially similar offenses under the law of another state, of the United States, or of a federally recognized Native American tribe. 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. "Dating relationship" means a social relationship as defined in Section 93-21-3. I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. 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. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible