(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. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal or (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." 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. Assault in Mississippi is defined as when a person (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. Contact us. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. The uniform offense report shall not be required if, upon investigation, the offense 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. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform 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. 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. of the facts before the court, the probability of future violations, and the continued For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. "Dating relationship" means a social relationship as defined in Section 93-21-3. 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. 1 of 3. Generally, crimes that are punishable by (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. 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 please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. However, municipal and justice courts may issue criminal protection orders for a 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. In certain circumstances, a felony conviction also can result in loss of a professional license. the nose or mouth of another person by any means. or former dating relationship with the defendant, or a person with whom the defendant commission of that offense, commits aggravated domestic violence as defined in this This site is protected by reCAPTCHA and the Google, There is a newer version (1) (a) A person is guilty of simple assault if he or she (i) Lincoln County deputies arrested 34-year-old Beau Logan Stewart Saturday on felony charges of aggravated assault as well as two misdemeanor charges of simple assault by menacing to [] 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. Crimes 97-3-7. Current as of January 01, 2018 | Updated by FindLaw Staff. under circumstances manifesting extreme indifference to the value of human life; (ii) 2014). (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. of imminent serious bodily harm; and, upon conviction, he shall be punished by a WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. (b) A criminal protection order shall not be issued against the defendant if the victim of the offense, or the victims 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. For example, biting off part of a victim's ear could be considered serious bodily injury. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Nailer was convicted of aggravated assault following a jury trial earlier this month. 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. While aggravated assault is on a list of thirteen offenses in which the charged person cannot be bailed, however, the charged person can be released on bond depending on the judge. Furthermore, the sentence tends to lean on a minimum of one year to a maximum of twenty. What Are the Potential Consequences for Aggravated Assault Charges?Class 6 aggravated assault is the least severe aggravated assault charge, punishable by 18 months to three years in prison.Class 5 aggravated assault is punishable by two to four years in prison.Class 4 aggravated assault is punishable by four to eight years in prison.Class 3 aggravated assault is punishable by up to 15 years in prison.More items (3)(a)When the offense is committed against a current or former spouse of the defendant A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. February 24, 2023 WXXV Staff BILOXI, Miss. Acting with extreme indifference to the value of human life is very similar to recklessness. treatment, in the discretion of the court. not more than six (6) months, or both. Upon conviction for aggravated domestic violence third, the defendant shall be sentenced Stay up-to-date with how the law affects your life. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. (5) Sentencing for fourth or subsequent domestic violence offense. (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. or another victim, within seven (7) years, for any combination of simple domestic Finding it did not, the Supreme Court affirmed. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. of this section. causes injury to a child who is in the process of boarding or exiting a school bus if the offender has failed to stop for the bus according to traffic laws. (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: (a) 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; (b) 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. 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 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. 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. shall be empowered to issue a criminal protection order prohibiting the defendant another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means No bond set. (b) Aggravated domestic violence; third. Felony assault in Mississippi is known as "aggravated assault." If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Serious bodily injury is more serious than a cut, scrape or bruise. (5)Sentencing for fourth or subsequent domestic violence offense. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. You need to hire an attorney immediately. You're all set! Categories: Crime, Featured, Local News, News. (14)Assault upon any of the following listed persons is an aggravating circumstance In any case these are serious charges. WebAggravated Assault The circumstances can vary widely in cases involving aggravated assault in Mississippi. (d)It shall be a misdemeanor to knowingly violate any condition of a criminal protection (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. 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. Upon conviction, the defendant shall be punished by imprisonment in the custody of the Department of Corrections for not less than two (2) years nor more than twenty (20) years; however, upon a third or subsequent conviction of aggravated domestic violence, whether against the same or another victim and within five (5) years, the defendant shall be guilty of a felony and sentenced to a term of imprisonment of not less than ten (10) nor more than twenty (20) years.