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. (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." Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. A person convicted of aggravated assault in Mississippi can be required to pay restitution up to $5,000, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling or repair or replacement of damaged property. If the defendant violates any conditions set by the Court, he can be required to serve the rest of the sentence in jail or prison. (3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section 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 and, upon conviction, the defendant shall be punished as provided under subsection (1) of this section; however, upon a third or subsequent conviction of simple 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 not less than five (5) nor more than ten (10) years. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. 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 (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. causes any injury to a child who is in the process of boarding or exiting a school FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. of the offense, or the victim's lawful representative where the victim is a minor WebA 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 Code Ann. (Miss. Attempts by physical menace to put another in fear of imminent serious bodily harm. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. WebMississippi law states that aggravated assault is a felony that occurs when a person: 1. 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 under Section 93-21-15. Read more 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 However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. months, or both. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." (13)In any conviction under subsection (3), (4), (5) or (11) of this section, the treatment, in the discretion of the court. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible 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. (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. time deemed necessary. Contact us. Categories: Crime, Featured, Local News, News. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. Aggravated assault is a very serious criminal charge. attempts to cause or purposely or knowingly causes bodily injury to another with a Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. Sign up for our free summaries and get the latest delivered directly to you. (b) However, a person convicted of simple assault upon any of the persons listed in subsection (14) of this section under the circumstances enumerated in subsection (14) shall be punished by a fine of not more than One Thousand Dollars ($ 1,000.00) or by imprisonment for not more than five (5) years, or both. As a first offender, actual time served would be much lower. district attorney or legal assistant to a district attorney; county prosecutor or a person over the age of 64 who is an incapacitated or disabled adult. less than fifteen (15) years nor more than twenty (20) years. WebA 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 jail for not more than six (6) months, or both. violence under this subsection (4) or simple domestic violence third as defined in 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. officer or school bus driver; any member of the Mississippi National Guard or United He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. You already receive all suggested Justia Opinion Summary Newsletters. (2)(a)A person is guilty of aggravated assault if he (i) attempts to cause serious The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. commission of that offense, commits aggravated domestic violence as defined in this 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 incident. (b) "Dating relationship" means a social relationship as defined in Section 93-21-3. 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. (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. 22-year-old Austin Bradley was charged with two counts of aggravated assault and one charge of discharging a firearm within city limits. law enforcement officer, corrections officer or firefighter, social worker or family protection worker employed by the Human Services Department. a deadly weapon or other means likely to produce death or serious bodily harm; or. All rights reserved. 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.". 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 A motor vehicle, a rope, a pair of steel boots, and a stick are all objects that can be used in a manner that is likely to cause serious injury. (1)(a)A person is guilty of simple assault if he (i) attempts to cause or purposely,