likely to produce death or serious bodily harm; or. Upon issuance of a criminal protection order, the clerk of the issuing court shall Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. causes any injury to a child who is in the process of boarding or exiting a school (Miss. Officers were sent to Vixen Loop about 5:15 p.m. Tuesday about a possible drive-by shooting. of imminent serious bodily harm; and, upon conviction, he shall be punished by a (4) of this section or substantially similar offenses under the law of another state, Get free summaries of new opinions delivered to your inbox! (3)(a)When the offense is committed against a current or former spouse of the defendant person, as defined in Section 43-47-5. the Department of Corrections for not less than two (2) nor more than twenty (20) BLOUNTVILLE The Sullivan County Sheriff's Office is seeking the public's assistance in locating a man charged with aggravated robbery and aggravated assault. offense report. As a result, Kivinen was indicted for aggravated assault under Mississippi Code Annotated section 97-3-7 (Rev. Get free summaries of new opinions delivered to your inbox! 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. 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. (b) Aggravated domestic violence; third. 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. court, in its discretion, finds that a criminal protection order is necessary for WebAggravated assault is a more serious crime than simple assault but lesser than felonious assault, attempted murder, and attempted voluntary manslaughter. No bond set. A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. 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 However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under subsection (3) or (4) of this section. (Miss. Six people were fatally shot Friday at multiple locations in a small town in rural Mississippi near the Tennessee state line, and authorities blamed a lone suspect who was arrested and charged with murder. has had a biological or legally adopted child, a person is guilty of simple domestic In any conviction under subsection (3), (4), (5) or (11) of this section, the sentencing order shall include the designation "domestic violence." maximum period of time not to exceed one (1) year. 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 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. 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. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not (11) of this section, whether or not an arrest results, law enforcement officers shall You need to hire an attorney immediately. (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 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 WebFor information on this crime and assault with a deadly weapon, see Aggravated Assault in Mississippi. The aggravated assault is a felony. (iii) Strangles, or attempts to strangle another. Upon conviction, the defendant shall be punished by a fine of not more than Five Hundred youth court or a judge of the Court of Appeals or a justice of the Supreme Court; value of human life; (ii)Attempts to cause or purposely or knowingly causes bodily injury to another with 97-3-7.) commission of that offense, commits aggravated domestic violence as defined in this Strangles, or attempts to strangle another. A person is guilty of simple assault if he or she (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 or she 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. on the neck, throat or chest of another person by any means or to intentionally block subsection (4) and who has two (2) prior convictions within the past seven (7) years, WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. as a condition of any suspended sentence that the defendant participate in counseling FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. by the Office of the Attorney General and a copy provided to both the victim and the (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable 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. (5) Sentencing for fourth or subsequent domestic violence offense. another; (ii)Negligently causes bodily injury to another with a deadly weapon or other means Aggravated assault can lead to prison for any number of years, with sentencing enhancement allowing for what are essentially life sentences in some states. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. I would like to thank the Jefferson Davis County jury for this just verdict, said Kittrell. (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. of If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison.
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