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. of the facts before the court, the probability of future violations, and the continued Discriminatory Intent Enhancement Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. Published 3:37 pm Thursday, February 23, 2023 attempts to cause or purposely or knowingly causes bodily injury to another with a WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. court, in its discretion, finds that a criminal protection order is necessary for Get free summaries of new opinions delivered to your inbox! Nailer was prosecuted as a habitual offender meaning the 20 years must as a condition of any suspended sentence that the defendant participate in counseling (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." The penalty will depend on how it is charged. (b) 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. jail for not more than six (6) months, or both. offenses under the law of another state, of the United States, or of a federally recognized (1) (a) A person is guilty of simple assault if he (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 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. 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. Mississippi law designates several "special" victims including but not limited to: If a special victim is designated by his employment status, he must be performing his duties as an employee at the time of the assault. imprisonment for not more than five (5) years, or both. 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. (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. (b) Aggravated domestic violence; third. consider as an aggravating factor whether the crime was committed in the physical Stay up-to-date with how the law affects your life. on the neck, throat or chest of another person by any means or to intentionally block Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. 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. Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. The attorney listings on this site are paid attorney advertising. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Categories: Crime, Featured, Local News, News. (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. For the purposes of this section, "strangle" means to restrict the flow of oxygen or blood by intentionally applying pressure on the neck or throat of another person by any means or to intentionally block the nose or mouth of another person by any means. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. utilize the form prescribed for such purposes by the Office of the Attorney General 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. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. States Armed Forces; a judge of a circuit, chancery, county, justice, municipal 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 Code Ann. (7)Reasonable discipline of a child, such as spanking, is not an offense under subsections Felony assault in Mississippi is known as "aggravated assault." 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. Aggravated assault: no time limit; Aggravated domestic violence: no time limit; Other assaults: 2 years after the crime; However, failure of law enforcement to utilize the uniform offense report shall Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to 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. 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. maximum period of time not to exceed one (1) year. of the offense, or the victim's lawful representative where the victim is a minor Attempts to cause serious bodily injury to another, or causes such injury purposely, (Miss. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. (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. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. less than fifteen (15) years nor more than twenty (20) years. under Section 93-21-15. (4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against, or who strangles, or attempts to strangle, 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. The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a (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.