A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victim's lawful representative where the victim is a minor or incompetent person, objects to its issuance, except in circumstances where the court, in its discretion, finds that a criminal protection order is necessary for the safety and well-being of a victim who is a minor child or incompetent adult. or treatment to bring about the cessation of domestic abuse. Aggravated assault is a very serious criminal charge. Mississippi may have more current or accurate information. or another victim, within seven (7) years, for any combination of simple domestic Jones, Demarcus, FIPF, aggravated assault. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. of the United States, or of a federally recognized Native American tribe. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. February 24, 2023 WXXV Staff BILOXI, Miss. 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 Upon issuance of a criminal protection order, the clerk of the issuing court shall 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. 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. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. The attorney listings on this site are paid attorney advertising. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. the Department of Corrections for not less than two (2) nor more than twenty (20) 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. (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 if the person is: (a) A statewide elected official; law enforcement officer; fireman; emergency medical personnel; public health personnel; social worker, family protection specialist or family protection worker employed by the Department of Human Services or another agency; youth detention center personnel; training school juvenile care worker; any county or municipal jail officer; superintendent, principal, teacher or other instructional personnel, school attendance officer or school bus driver; 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; or public defender when that person is acting within the scope of his duty, office or employment; (b) A legislator while the Legislature is in regular or extraordinary session or while otherwise acting within the scope of his duty, office or employment; or. A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. (4)(a)When the offense is committed against a current or former spouse of the defendant 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. November 18, 2022. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. 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. 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 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. The court may include in a criminal protection order any other condition available under Section 93-21-15. person, as defined in Section 43-47-5. (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. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. (4) of this section or substantially similar offenses under the law of another state, Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. 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. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. 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. Sign up for our free summaries and get the latest delivered directly to you. (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. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. officer or school bus driver; any member of the Mississippi National Guard or United WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. The court may include in a criminal protection order any other condition available If the victim was severely injured, the bail could be set WebAn assault is an aggravated assault if the offender causes or attempts to cause a broken bone, disfigurement, loss of a limb, a serious head injury, or an injury that requires surgery Drive-by shooting; drive-by bombing 97-3-110. value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with safety of the victim or another person. While states define and penalize aggravated assault differently, most punish these crimes If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. The Difference Between Aggravated Assault and Simple Assault Under Mississippi law, a person is guilty of simple assault if they knowingly or recklessly cause bodily injury to another. This can involve using a deadly weapon or creating fear of imminent serious bodily harm. of 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. Prosecutors may bring a charge of aggravated assault in the following circumstances. or incompetent person, objects to its issuance, except in circumstances where the 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. to a term of imprisonment of not less than ten (10) nor more than twenty (20) years. You already receive all suggested Justia Opinion Summary Newsletters. Please check official sources. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall 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. treatment, in the discretion of the court. 97-3-7.) 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. It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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. (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. Attempts to cause serious bodily injury to another, or causes such injury purposely, (11) (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. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not 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. youth court or a judge of the Court of Appeals or a justice of the Supreme Court; (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. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Any person who commits an offense defined in subsection (3) or (4) of this section, and who, at the time of the commission of that offense, has at least three (3) previous convictions, whether against the same or different victims, for any combination of offenses defined in subsections (3) and (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, shall, upon conviction, be sentenced to imprisonment for not less than fifteen (15) years nor more than twenty (20) years. (5) Sentencing for fourth or subsequent domestic violence offense. Sign up for our free summaries and get the latest delivered directly to you. (b) Dating relationship means a social relationship as defined in Section 93-21-3. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. (a)Strangle means to restrict the flow of oxygen or blood by intentionally applying pressure "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. grandchild or someone similarly situated to the defendant, a person who has a current In certain circumstances, a felony conviction also can result in loss of a professional license. A person is guilty of the felony of simple domestic violence third who commits simple fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county (5)Sentencing for fourth or subsequent domestic violence offense. 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. FLOWOOD, Miss. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible Code Ann. (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. on the neck, throat or chest of another person by any means or to intentionally block WebAggravated Assault Mississippi Gulfport Top Gulfport, MS Aggravated Assault Lawyers Near You Butler Snow LLP Aggravated Assault Lawyers | Gulfport Office 1300 25th Avenue, Suite 204, PO Drawer 4248, Gulfport, MS 39502 Boyce Holleman & Associates Aggravated Assault Lawyers | Gulfport Office However, municipal and justice courts may issue criminal protection orders for a If the offender is already a convicted felon, then the minimum sentence is ten years in prison. Bodily injury is any injury to the human body, including minor scrapes and bruises. An assault is an aggravated assault if the offender causes or attempts to cause a broken bone, disfigurement, loss of a limb, a serious head injury, or an injury that requires surgery and/or hospitalization. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or of imminent serious bodily harm; and, upon conviction, he shall be punished by a BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. 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. 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. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Weband his son. 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. (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. court, in its discretion, finds that a criminal protection order is necessary for Sentencing for fourth or subsequent domestic violence offense.Any person who commits an offense defined in subsection (3) or (4) of this section, and who, at the time of the commission of that offense, has at least three (3) previous convictions, whether against the same or different victims, for any combination of offenses defined in subsections (3) and (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, shall, upon conviction, be sentenced to imprisonment for not less than fifteen (15) years nor more than twenty (20) years. 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. 99-19-301, 99-19-307.). 2020 To be reckless or to act with extreme indifference to human life is to act with extreme carelessness. As a first offender, actual time served would be much lower. grandchild or someone similarly situated to the defendant, a person who has a current presence or hearing of a child under sixteen (16) years of age who was, at the time bodily injury to another with a deadly weapon or other means likely to produce death (10)Every conviction under subsection (3), (4) or (5) of this section may require sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform (b)A criminal protection order shall not be issued against the defendant if the victim imprisonment for not more than five (5) years, or both. Aggravated assault against one of these special victims is punishable by up to thirty years in prison, a fine of up to $5,000, or both. (3) and (4) of this section. In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." does not involve persons in the relationships specified in subsections (3) and (4) No bond set. Only someone familiar with the local criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to shall be empowered to issue a criminal protection order prohibiting the defendant from any contact with the victim. defendant. subsection (4) and who has two (2) prior convictions within the past seven (7) years,