jail for not more than six (6) months, or both. You can explore additional available newsletters here. (14) shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) (b) Aggravated domestic violence; third. No bond set. (b)Dating relationship means a social relationship as defined in Section 93-21-3. 99-37-3.) The uniform offense report shall not be required if, upon investigation, the offense this Section. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. assault 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. 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. 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.". "Dating relationship" means a social relationship as defined in Section 93-21-3. You already receive all suggested Justia Opinion Summary Newsletters. Mississippi Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. 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 [] subsection (14) of this section under the circumstances enumerated in subsection (14) Code Ann. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. 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. or family protection worker employed by the Department of Human Services or another 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. 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. or another victim, within seven (7) years, for any combination of simple domestic person, as defined in Section 43-47-5. (3) and (4) of this section. 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. (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. Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. (10) 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. 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 serious bodily harm; or (iii) attempts by physical menace to put another in fear or by imprisonment for not more than thirty (30) years, or both. 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. not be a defense to a crime charged under this section. Upon conviction, the defendant shall be sentenced to a term of imprisonment not assault You're all set! (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. WebDehart was indicted for one count of aggravated assault under Mississippi Code 2. order. (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. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (14)Assault upon any of the following listed persons is an aggravating circumstance 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: Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or. A person is guilty of the felony of simple domestic violence third who commits simple (6)In sentencing under subsections (3), (4) and (5) of this section, the court shall The aggravated assault is a felony. violence who: (i)Attempts to cause serious bodily injury to another, or causes such an injury purposely, of the offense in question, has two (2) prior convictions, whether against the same As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. aggravated Assault Blackwell sentences Randall to life in prison on murder charge, another 25 years for aggravated assault with firearm. 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. commission of that offense, commits aggravated domestic violence as defined in this causes any injury to a child who is in the process of boarding or exiting a school officer or school bus driver; any member of the Mississippi National Guard or United Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. You can explore additional available newsletters here. (b)Simple domestic violence: third. (12)When investigating allegations of a violation of subsection (3), (4), (5) or (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. or incompetent person, objects to its issuance, except in circumstances where the (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. (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. Aggravated Assault 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.
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