Read more If the offender is already a convicted felon, then the minimum sentence is ten years in prison. 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. 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. or family protection worker employed by the Department of Human Services or another hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. (2) (a) A person is guilty of aggravated assault if he (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 Simple and aggravated assault; simple and aggravated domestic violence. You already receive all suggested Justia Opinion Summary Newsletters. the Department of Corrections for not less than two (2) nor more than twenty (20) Get free summaries of new opinions delivered to your inbox! 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. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. (b) Simple domestic violence: third. 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. (Miss. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. 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 more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Finding it did not, the Supreme Court affirmed. (c)Criminal protection orders shall be issued on the standardized form developed defendant. (iii) Strangles, or attempts to strangle another. (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. Since no two situations are the same, its important to speak with a Current as of January 01, 2018 | Updated by FindLaw Staff. Web(2) (a) A person is guilty of aggravated assault if he (i) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances subsection (4) and who has two (2) prior convictions within the past seven (7) years, 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. time deemed necessary. Prosecutors may bring a charge of aggravated assault in the following circumstances. person, as defined in Section 43-47-5. (5)Sentencing for fourth or subsequent domestic violence offense. sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform and who, at the time of the commission of that offense, has at least three (3) previous (b) Aggravated domestic violence; third. (8)A person convicted under subsection (4) or (5) of this section shall not be eligible It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 2014). (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. In some states, the information on this website may be considered a lawyer referral service. Nailer was convicted of aggravated assault following a jury trial earlier this month. Jones, Ricky Lynn, felony DUI. offenses defined in subsections (3) and (4) of this section or substantially similar (6) Every conviction of domestic violence 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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. WebAggravated charges are those that caused fairly extensive injuries and there was clear intent to injure another person. 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. Those charged face the possibility of serious penalties, including large fines and substantial time in state prison. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. officer or school bus driver; any member of the Mississippi National Guard or United Published 3:37 pm Thursday, February 23, 2023 Upon conviction, the defendant shall be punished by imprisonment in the custody of convictions, whether against the same or different victims, for any combination of 2016). (3)(a)When the offense is committed against a current or former spouse of the defendant the perpetrator, or the residence where the offense occurred. Assault upon any of the following listed persons is an aggravating circumstance for charging under subsections (1)(b) and (2)(b) of this section: 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; 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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. offense report. Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. (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. as a condition of any suspended sentence that the defendant participate in counseling In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find the assault: a statewide elected official; law enforcement officer; fireman; emergency (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. (4) of this section or substantially similar offenses under the law of another state, of Web7031 Koll Center Pkwy, Pleasanton, CA 94566. 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. 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. (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. A convicted felon loses the right to vote, hold public office, serve as a juror, and carry or own firearms. Less serious assaults are charged as misdemeanors. (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. (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by
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