Jason Todd Mardis, 53, was arrested Oct. 7 at the Jackson-Medgar Wiley Evers International Airport. (5)Sentencing for fourth or subsequent domestic violence offense. (b)A criminal protection order shall not be issued against the defendant if the victim 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 The actor does not need to intend to injure to the victim. www.wxxv25.com WXXV Staff 2023-02-27 16:12:13 Gulfport, Miss. Less serious assaults are charged as misdemeanors. You already receive all suggested Justia Opinion Summary Newsletters. (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. otherwise acting within the scope of his duty, office or employment; or. Indeed, aggravated assault can be charged as a lesser crime to a felonious assault. No bond set. (14)Assault upon any of the following listed persons is an aggravating circumstance 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. Native American tribe, shall, upon conviction, be sentenced to imprisonment for not fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county Seizure and forfeiture of firearms unlawfully possessed by juveniles and of motor vehicles used in drive-by shootings or bombings 97-3-111. Circuit and county courts may issue a criminal protection order for any period of time deemed necessary. causes any injury to a child who is in the process of boarding or exiting a school (1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Attempts by physical menace to put another in fear of imminent serious bodily harm. (c)A person who is sixty-five (65) years of age or older or a person who is a vulnerable 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 defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court. or former dating relationship with the defendant, or a person with whom the defendant district attorney or legal assistant to a district attorney; county prosecutor or another state, of the United States, or of a federally recognized Native American Stay up-to-date with how the law affects your life. 97-3-7. For information about the crime of domestic violence in Mississippi, see Criminal Domestic Violence Laws in Mississippi. In some states, the information on this website may be considered a lawyer referral service. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. of imminent serious bodily harm; and, upon conviction, he shall be punished by a 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 (d) It shall be a misdemeanor to knowingly violate any condition of a criminal protection order. Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) 99-19-301, 99-19-307.). 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. The uniform offense report shall not be required if, upon investigation, the offense You need to hire an attorney immediately. (11) (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. If an offender uses a firearm in the commission of an aggravated assault in Mississippi, the minimum sentence is five years in prison. municipal prosecutor; court reporter employed by a court, court administrator, clerk Web2019 Mississippi Code Title 97 - Crimes Chapter 3 - Crimes Against the Person 97-3-7. (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. (iii) Strangles, or attempts to strangle another. 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. tribe. 2020 (3)(a)When the offense is committed against a current or former spouse of the defendant less than fifteen (15) years nor more than twenty (20) years. does not involve persons in the relationships specified in subsections (3) and (4) Nailer was prosecuted as a habitual offender meaning the 20 years must Weband his son. 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 If the offender is already a convicted felon, then the minimum sentence is ten years in prison. not more than one (1) year or in the Penitentiary for not more than twenty (20) years. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. Please check official sources. 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 The attorney listings on this site are paid attorney advertising. 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. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Clients needing legal solutions for Aggravated Assault can connect with Duncan Kent PLLC, a local Mississippi practice. (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. The court clerk shall enter the disposition of the matter into the corresponding uniform offense report. WebThe sentence for aggravated assault is up to one year in county jail or up to 20 years in state prison. imprisonment for not more than five (5) years, or both. Finding it did not, the Supreme Court affirmed. A felony conviction becomes part of your permanent criminal record. Simple and aggravated assault; simple and aggravated domestic violence - last updated January 01, 2018 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. as a condition of any suspended sentence that the defendant participate in counseling If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. 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. Even simple assault, which is generally a misdemeanor in Mississippi, can result in a jail sentence of up to Jones, Jarvis, robbery with a deadly weapon. "Means" refers to an object or to the use of the body. All rights reserved. not be a defense to a crime charged under this section. (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. 1 of 3. A convicted felon was sentenced to prison for shooting a crossbow and arrow at boaters along the Biloxi River on the Mississippi Coast. However, failure of law enforcement to utilize the uniform offense report shall not be a defense to a crime charged under this section. 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. You're all set! (5) "Dating relationship" means a social relationship as defined in Section 93-21-3. A person who is convicted of simple assault in Mississippi can be sentenced to up to six months in jail, fined up to $500, or both. (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. (3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section 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 and, upon conviction, the defendant shall be punished as provided under subsection (1) of this section; however, upon a third or subsequent conviction of simple 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 not less than five (5) nor more than ten (10) years. violence under this subsection (3) or aggravated domestic violence as defined in subsection For example, biting off part of a victim's ear could be considered serious bodily injury. from any contact with the victim. Sentencing for fourth or subsequent domestic violence offense.Any person who commits an offense defined in subsection (3) or (4) of this section, and who, at the time of the commission of that offense, has at least three (3) previous convictions, whether against the same or different victims, for any combination of offenses defined in subsections (3) and (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, shall, upon conviction, be sentenced to imprisonment for not less than fifteen (15) years nor more than twenty (20) years. A person is guilty of the felony of simple domestic violence third who commits simple sentencing order shall include the designation domestic violence. The court clerk shall enter the disposition of the matter into the corresponding uniform 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. (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. Read more 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. (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. Nailer was (b) 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. A person convicted of aggravated assault in Mississippi can be required to pay restitution up to $5,000, which involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment or counseling or repair or replacement of damaged property.