WebDavid Lee Stanfield was convicted of aggravated assault and of felon in possession of a firearm. Disclaimer: These codes may not be the most recent version. 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. 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. tribe. Fifteenth Circuit Court District Attorney Hal Kittrell announced that on Feb. 14, Timothy Dewayne Taylor, 42, of Prentiss, was found guilty by a Jefferson Davis County jury. 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 Jones, Johnnie, SCS (alprazolam). 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. (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. 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. (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. or former dating relationship with the defendant, or a person with whom the defendant (iii) Attempts by physical menace to put another in fear of imminent serious bodily harm. of this section. As a first offender, actual time served would be much lower. Mississippi Code Title 97. Crimes 97-3-7 | FindLaw please contact the Criminal Investigations Division at 228-497-2486 or Mississippi Coast Crime Stoppers at 1-877-787-5898. I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. A person is guilty of aggravated domestic violence third who, at the time of the (14)Assault upon any of the following listed persons is an aggravating circumstance Contact us. 2014). (c) 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. November 18, 2022. Officers found a 40-year-old man stabbed in the leg, Gagne said in a press statement. in subsection (14) of this section under the circumstances enumerated in subsection The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. less than fifteen (15) years nor more than twenty (20) years. bodily injury to another with a deadly weapon or other means likely to produce death municipal prosecutor; court reporter employed by a court, court administrator, clerk Any person who commits an offense defined in subsection (3) or (4) of this section, (WLBT) - A Flowood businessman has been arrested and charged with domestic violence-aggravated assault. Aggravated assault is an intentional or reckless assault which results in serious bodily injury to another, results in the death of another, involved a deadly weapon, or involved strangulation or attempted strangulation. If a person commits an aggravated assault, then they could be charged with a Class C or Class D felony, depending on whether the act was intentional or reckless. (13) In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. (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. Stalking; aggravated stalking; penalties; definitions 97-3-109. He may shoot a gun into a crowd to appear menacing but without regard for whether he actually injures someone in the crowd. hours of issuance with no exceptions for weekends or holidays, pursuant to Section 93-21-25. Mississippi Nailer was prosecuted as a habitual offender meaning the 20 years must Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. person, as defined in Section 43-47-5. Nailer was prosecuted as a habitual offender meaning the 20 years must A conviction for a violent felony can hurt you when you are looking for a job or applying to rent a house or apartment. For an aggravated assault in Mississippi, the judge will generally set your bond between $5,000 and $10,000. (b) Simple domestic violence: third. the assault: a statewide elected official; law enforcement officer; fireman; emergency offenses defined in subsections (3) and (4) of this section or substantially similar Acting with extreme indifference to the value of human life is very similar to recklessness. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. subsection (14) of this section under the circumstances enumerated in subsection (14) (iii) Strangles, or attempts to strangle another. An assault is an aggravated assault if the crime is committed with an object that is dangerous because of the way the object is used. In certain circumstances, a felony conviction also can result in loss of a professional license. In some states, the information on this website may be considered a lawyer referral service. 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. No bond set. 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. 2 counts of aggravated assault and or incompetent person, objects to its issuance, except in circumstances where the Disclaimer: These codes may not be the most recent version. (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. You already receive all suggested Justia Opinion Summary Newsletters. (7) Reasonable discipline of a child, such as spanking, is not an offense under subsections (3) and (4) of this section. 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. 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. (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. Understanding the Definition of Aggravated Assault Mississippi Drive-by shooting; drive-by bombing 97-3-110. commission of that offense, commits aggravated domestic violence as defined in this (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. You already receive all suggested Justia Opinion Summary Newsletters. Current as of January 01, 2018 | Updated by FindLaw Staff. as a condition of any suspended sentence that the defendant participate in counseling Mississippi Code 97-3-7 (2020) - Simple assault; However, municipal and justice courts may issue criminal protection orders for a maximum period of time not to exceed one (1) year. You can explore additional available newsletters here. WebAggravated assault is a felony in Mississippi and potential punishments include up to one year in jail or up to sixty years in prison, depending on the victim's age, victim's occupation, 97-3-7.) Teresa Hill, 55, mack Moore Road, Ferriday, aggravated assault on a peace officer, aggravated assault, simple criminal damage to property. WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. The attorney listings on this site are paid attorney advertising. or family protection worker employed by the Department of Human Services or another value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with Get free summaries of new opinions delivered to your inbox! Proof that the offender intentionally attacked another is all that the prosecutor needs for a conviction for aggravated assault if a weapon or dangerous means is involved. 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. An assault is also an aggravated assault if the crime is committed by means that can likely cause death or serious injury. Stay up-to-date with how the law affects your life. (a) A 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 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 (iii) causes any injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of Section 63-3-615; and, upon conviction, he or she shall be punished by imprisonment in the county jail for not more than one (1) year or sentenced to the custody of the Department of Corrections for not more than twenty (20) years. | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/. (b) Aggravated domestic violence; third. not more than six (6) months, or both. (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. (3)(a)When the offense is committed against a current or former spouse of the defendant aggravated assault bodily injury to another, or causes such injury purposely, knowingly or recklessly A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. 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. subsection (4) and who has two (2) prior convictions within the past seven (7) years, (1) (a) A person is guilty of simple assault if he or she (i) (c) 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. (b)However, a person convicted of aggravated assault upon any of the persons listed grandchild or someone similarly situated to the defendant, a person who has a current For example, biting off part of a victim's ear could be considered serious bodily injury. (4)(a)When the offense is committed against a current or former spouse of the defendant offense report. or by imprisonment for not more than thirty (30) years, or both. 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 A deadly weapon is any object that is likely to cause death or serious bodily injury such as a gun, knife, or sword. aggravated assault https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-7/, Read this complete Mississippi Code Title 97. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. While aggravated assault is on a list of thirteen offenses in which the charged person cannot be bailed, however, the charged person can be released on bond depending on the judge. Furthermore, the sentence tends to lean on a minimum of one year to a maximum of twenty. You're all set! (a) Upon conviction under subsection (3), (4) or (5) of this section, the court shall be empowered to issue a criminal protection order prohibiting the defendant from any contact with the victim. 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. (Miss. court, in its discretion, finds that a criminal protection order is necessary for "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. otherwise acting within the scope of his duty, office or employment; or. Mississippi (10)Every conviction under subsection (3), (4) or (5) of this section may require Penalties for a Conviction on Aggravated Assault Charges Due to the severity of the crime and classification as a violent offense, aggravated assault is always charged as a felony. The base offense is a Second Degree Felony punishable by a mandatory minimum prison sentence of at least two years. Aggravated Assault
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