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. Annotated section 97-3-7(2)(a)(ii) (Supp. (b) Aggravated domestic violence; third. imprisonment for not more than five (5) years, or both. Sign up for our free summaries and get the latest delivered directly to you. (iii)Strangles, or attempts to strangle another. 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 (b) However, a person convicted of simple assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker or 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, school bus driver, or 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, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender, while such statewide elected official, judge or justice, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker, 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, school bus driver, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender is acting within the scope of his duty, office or employment; (ii) upon 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 (iii) upon a person who is sixty-five (65) years of age or older or a person who is a vulnerable adult, as defined in Section 43-47-5, 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. (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. 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. or former dating relationship with the defendant, or a person with whom the defendant 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. Categories: Crime, Featured, Local News, News. maximum period of time not to exceed one (1) year. 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. Jones, Ricky Lynn, felony DUI. (Miss. 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. 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 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. 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. The indictment alleged that Dehart did purposely, knowingly and feloniously attempt to cause bodily injury to Mac Craven with a We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. violence who: (i)Attempts to cause or purposely, knowingly or recklessly causes bodily injury to bodily injury to another, or causes such injury purposely, knowingly or recklessly The court may include in a criminal protection order any other condition available under Section 93-21-15. 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. Drive-by shooting; drive-by bombing 97-3-110. Acting with extreme indifference to the value of human life is very similar to recklessness. bus in the course of a violation of Section 63-3-615; and, upon conviction, he shall be punished by imprisonment in the county jail for An assault with a deadly weapon is considered aggravated assault in Mississippi. Since no two situations are the same, its important to speak with a 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. (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. 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. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (5)Sentencing for fourth or subsequent domestic violence offense. 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 As a first offender, actual time served would be much lower. for charging under subsections (1)(b) and (2)(b) of this section: (a)When acting within the scope of his duty, office or employment at the time of (10)Every conviction under subsection (3), (4) or (5) of this section may require offense report. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. officer or school bus driver; any member of the Mississippi National Guard or United Discriminatory Intent Enhancement If an offender commits an aggravated assault because of the victim's actual or perceived color, race, ethnicity, national origin, religion or gender, the court can impose twice the prison sentence or twice fine provided for aggravated assault, or both. (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." While states define and penalize aggravated assault differently, most punish these crimes However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. of harm. (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. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. Crimes 97-3-7. 2020 Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (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. Generally, crimes that are punishable by 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. 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. jail for not more than six (6) months, or both. On November 13, 2021, the Greenville Police Department received a call reporting a domestic assault at the 600blk of Anne Stokes Road. 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. under circumstances manifesting extreme indifference to the value of human life; (ii) this Section. It may be simple or aggravated, depending on the intent of the accused and degree of harm caused to the alleged victim. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Upon conviction, the defendant shall be sentenced to a term of imprisonment not You can explore additional available newsletters here. 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.". The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. (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. court, in its discretion, finds that a criminal protection order is necessary for Nailer was convicted of aggravated assault following a jury trial earlier this month. 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. Current as of January 01, 2018 | Updated by FindLaw Staff. bodily injury to another with a deadly weapon or other means likely to produce death Criminal protection orders shall be issued on the standardized form developed by the Office of the Attorney General and a copy provided to both the victim and the defendant. Code Ann. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. superintendent, principal, teacher or other instructional personnel, school attendance (b) However, a person convicted of aggravated assault (i) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, 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, school bus driver, or 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, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender, while such statewide elected official, judge or justice, law enforcement officer, fireman, emergency medical personnel, public health personnel, social worker, family protection specialist, family protection worker, 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, school bus driver, district attorney, legal assistant to a district attorney, county prosecutor, municipal prosecutor, court reporter employed by a court, court administrator, clerk or deputy clerk of the court, or public defender is acting within the scope of his duty, office or employment; (ii) upon 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 (iii) upon a person who is sixty-five (65) years of age or older or a person who is a vulnerable adult, as defined in Section 43-47-5, 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. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. 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. 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. Disclaimer: These codes may not be the most recent version. WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. 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 Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. 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. (1) (a) A person is guilty of simple assault if he or she (i) Please check official sources. A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. Do Not Sell or Share My Personal Information, Criminal Domestic Violence Laws in Mississippi, Do Not Sell or Share My Personal Information, attempts to cause serious bodily injury to another person, intentionally or recklessly causes serious bodily injury to another while acting with extreme indifference to human life, attempts or causes bodily injury to another person with a deadly weapon or by other means likely to cause death or serious bodily injury, or. or serious bodily harm; or (iii) attempts by physical menace to put another in fear (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. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. Sign up for our free summaries and get the latest delivered directly to you. 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 (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) tribe. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred 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. 99-37-3.) 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. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. Flowood Police confirmed they had been waiting to arrest Mardis when he got off of his private jet. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. on the neck, throat or chest of another person by any means or to intentionally block Upon arrival, officers met with the victim who reported that 23-year-old Keenen Grant had broken into the residence, pointed a [] 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. Upon conviction, the defendant shall be sentenced to a term of imprisonment not less than five (5) nor more than ten (10) years. (12)When investigating allegations of a violation of subsection (3), (4), (5) or You need to hire an attorney immediately. (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. of (5) Sentencing for fourth or subsequent domestic violence offense. (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.
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