Menstuff® has information on Aggravated
Domestic Violence.
Where Does Most Domestic Violence
start?
SEC. 97-3-7. Simple assault; aggravated assault;
domestic violence
Jackson, Mississippi Criminal Defense
Lawyer Explains Aggravated Domestic Violence
Related Issue: Initiating
Domestic Violence
Where Does Most Domestic Violence start?
SEC. 97-3-7. Simple assault; aggravated
assault; domestic violence.
(2) A person is guilty of aggravated assault if he (a) 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; or (b) 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; and, upon conviction, he shall be punished by imprisonment in the county jail for not more than one (1) year or in the penitentiary for not more than twenty (20) years. Provided, however, a person convicted of aggravated assault (a) upon a statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver while such statewide elected official, law enforcement officer, fireman, emergency medical personnel, public health personnel, superintendent, principal, teacher or other instructional personnel and school attendance officers or school bus driver is acting within the scope of his duty, office or employment, or (b) upon a legislator while the Legislature is in regular or extraordinary session 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.
(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section against a family or household member who resides with the defendant or who formerly resided with the defendant, a current or former spouse, 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; provided, that 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.
(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against a family or household member who resides with the defendant or who formerly resided with the defendant, or a current or former spouse, 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 (2) of this section; provided, that upon a third or subsequent offense 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 five (5) nor more than twenty (20) years. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4).
(5) 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. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.
(6) 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."
Sources: Codes, 1857, ch. 64, art. 18; 1871, Sec.
2497; 1880, Sec. 2711; 1892, Sec. 967; 1906, Sec. 1043; Hemingway's
1917, Sec. 771; 1930, Sec. 787; 1942, Sec. 2011; Laws, 1974, ch. 458,
Sec. 1; 1992, ch. 431, Sec. 2; 1993, ch. 580, Sec. 1, eff from and
after passage (approved April 13, 1993); Laws, 1998, Ch. 425, §
1, HB 887 and Ch. 525, § 1, HB 554, eff July 1, 1998. Amended by
Laws 1999, Ch. 552, Sec. 2, SB2460, eff. July 1, 1999. Laws 2000, Ch.
552, Sec. 1, HB558, eff. July 1, 2000. www.mscode.com/free/archives/2000/97/003/0007.htm
Domestic Violence
“Domestic Violence” is the name given to a group of
charges alleged to have been committed against someone in a
qualifying relationship. Arizona Statute §13-3601 defines
domestic violence by the relationship between the accuser and the
defendant and the type of charges alleged. The following is a list of
qualifying relationships:
Qualifying Relationships:
The relationship between the accuser and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
The accuser and the defendant have a child in common.
The accuser or the defendant is pregnant by the other party.
The accuser is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepchild, step-grandchild, brother-in-law or sister-in-law.
The accuser is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or has resided in the same household as the defendant
Domestic Violence Includes the Following Charges:
Domestic Violence Misdemeanor Assault: A.R.S. §13-1203; A.R.S. §13-3601: The usual case of domestic violence is an allegation of assault under Arizona statute §13-1203. A domestic violence assault occurs when one in a qualifying relationship (Link Above) intentionally, knowingly, or recklessly causes any physical injury to the other person; or knowingly touches another person with the intent to injure, insult or provoke, or intentionally places another person in reasonable apprehension of eminent physical injury. Depending upon the type of assault and whether physical injury was caused, this offense can be charged as either a Class 3, 2, or 1 Misdemeanor. [Possible Sentence]
Aggravated Domestic Violence (Felony): A.R.S. §13-3601.02: If a person is convicted of a third or subsequent offense of domestic violence under §13-3601 within 5 years, that offense is now a Class 5 Felony. [Possible Sentence]
Pursuant to the Lautenberg Amendment to the Gun Control Act of 1968, effective 30 September 1996, it is a felony for those convicted of certain misdemeanor crimes of domestic violence to own or possess firearms or ammunition. The Amendment also makes it a felony to transfer a firearm or ammunition to an individual known, or reasonably believed, to have such a conviction. In order to become once again eligible to own or possess a firearm, the individual may seek expungement of the conviction. In an expungement, the individual’s attorney files a Motion with the court to have the conviction removed from public view.
In any assault case, the usual defense pursued is self defense.
The argument is that the defendant was justified in using such force
or threatened force, based upon an attempt to protect
himself/herself. Additionally, false charges are sometimes filed by
an angry spouse, attempting to control the other spouse. The
credibility of the accuser most never be overlooked and must be fully
investigated. You should hire an attorney who is willing to go all
out to zealously represent your interests by personally handling all
legal aspects of your case:
Domestic Violence Assault Punishment
|
|
|
|
First Offense |
Probation to 6 months |
|
Second Offense |
Probation to 6 months |
|
Third Offense |
See Aggravated Domestic Violence below |
|
|
|
|
First Offense |
4 months to 2.5 years |
|
Second Offense |
8 months to 3.75 years |
|
Third Offense |
3 years to 7.5 years |
§ 13-1204. Aggravated assault; classification; definition
A. A person commits aggravated assault if the person commits assault as prescribed by § 13-1203 under any of the following circumstances:
1. If the person causes serious physical injury to another.
2. If the person uses a deadly weapon or dangerous instrument.
3. If the person commits the assault by any means of force that
causes temporary but substantial disfigurement, temporary but
substantial loss or impairment of any body organ or part or a
fracture of any body part.
4. If the person commits the assault while the victim is bound or
otherwise physically restrained or while the victim's capacity to
resist is substantially impaired.
5. If the person commits the assault after entering the private home
of another with the intent to commit the assault.
6. If the person is eighteen years of age or older and commits the
assault on a child who is fifteen years of age or under.
7. If the person commits assault as prescribed by § 13-1203,
subsection A, paragraph 1 or 3 and the person is in violation of an
order of protection issued against the person pursuant to §
13-3602 or 13-3624.
8. If the person commits the assault knowing or having reason to know
that the victim is any of the following:
(a) A peace officer, or a person summoned and directed by the officer
while engaged in the execution of any official duties.
(b) A constable, or a person summoned and directed by the constable
while engaged in the execution of any official duties.
(c) A firefighter, fire investigator, fire inspector, emergency
medical technician or paramedic engaged in the execution of any
official duties, or a person summoned and directed by such individual
while engaged in the execution of any official duties.
(d) A teacher or other person employed by any school and the teacher
or other employee is on the grounds of a school or grounds adjacent
to the school or is in any part of a building or vehicle used for
school purposes, any teacher or school nurse visiting a private home
in the course of the teacher's or nurse's professional duties or any
teacher engaged in any authorized and organized classroom activity
held on other than school grounds.
(e) A health care practitioner who is certified or licensed pursuant
to title 32, chapter 13, 15, 17 or 25, [FN1] or a person
summoned and directed by the licensed health care practitioner while
engaged in the person's professional duties. This subdivision does
not apply if the person who commits the assault is seriously mentally
ill, as defined in § 36-550, or is afflicted with alzheimer's
disease or related dementia.
(f) A prosecutor.
9. If the person knowingly takes or attempts to exercise control over
any of the following:
(a) A peace officer's or other officer's firearm and the person knows
or has reason to know that the victim is a peace officer or other
officer employed by one of the agencies listed in paragraph 10,
subdivision (a), item (i), (ii), (iii), (iv) or (v) of this
subsection and is engaged in the execution of any official
duties.
(b) Any weapon other than a firearm that is being used by a peace
officer or other officer or that the officer is attempting to use,
and the person knows or has reason to know that the victim is a peace
officer or other officer employed by one of the agencies listed in
paragraph 10, subdivision (a), item (i), (ii), (iii), (iv) or (v) of
this subsection and is engaged in the execution of any official
duties.
(c) Any implement that is being used by a peace officer or other
officer or that the officer is attempting to use, and the person
knows or has reason to know that the victim is a peace officer or
other officer employed by one of the agencies listed in paragraph 10,
subdivision (a), item (i), (ii), (iii), (iv) or (v) of this
subsection and is engaged in the execution of any official duties.
For the purposes of this subdivision, “implement” means an
object that is designed for or that is capable of restraining or
injuring an individual. Implement does not include handcuffs.
10. If the person meets both of the following conditions:
(a) Is imprisoned or otherwise subject to the custody of any of the
following:
(i) The state department of corrections.
(ii) The department of juvenile corrections.
(iii) A law enforcement agency.
(iv) A county or city jail or an adult or juvenile detention facility
of a city or county.
(v) Any other entity that is contracting with the state department of
corrections, the department of juvenile corrections, a law
enforcement agency, another state, any private correctional facility,
a county, a city or the federal bureau of prisons or other federal
agency that has responsibility for sentenced or unsentenced
prisoners.
(b) Commits an assault knowing or having reason to know that the
victim is acting in an official capacity as an employee of any of the
entities listed in subdivision (a) of this paragraph.
B. Except pursuant to subsections C and D of this section, aggravated
assault pursuant to subsection A, paragraph 1 or 2 or paragraph 9,
subdivision (a) of this section is a class 3 felony except if the
victim is under fifteen years of age in which case it is a class 2
felony punishable pursuant to § 13-705. Aggravated assault
pursuant to subsection A, paragraph 3 of this section is a class 4
felony. Aggravated assault pursuant to subsection A, paragraph 9,
subdivision (b) or paragraph 10 of this section is a class 5 felony.
Aggravated assault pursuant to subsection A, paragraph 4, 5, 6, 7 or
8 or paragraph 9, subdivision (c) of this section is a class 6
felony.
C. Aggravated assault pursuant to subsection A, paragraph 1 or 2 of
this section committed on a peace officer while the officer is
engaged in the execution of any official duties is a class 2 felony.
Aggravated assault pursuant to subsection A, paragraph 3 of this
section committed on a peace officer while the officer is engaged in
the execution of any official duties is a class 3 felony. Aggravated
assault pursuant to subsection A, paragraph 8, subdivision (a) of
this section resulting in any physical injury to a peace officer
while the officer is engaged in the execution of any official duties
is a class 5 felony.
D. Aggravated assault pursuant to:
1. Subsection A, paragraph 1 or 2 of this section is a class 2
felony if committed on a prosecutor.
2. Subsection A, paragraph 3 of this section is a class 3 felony if
committed on a prosecutor.
3. Subsection A, paragraph 8, subdivision (f) of this section is a
class 5 felony if the assault results in physical injury to a
prosecutor.
E. For the purposes of this section, “prosecutor” means a
county attorney, a municipal prosecutor or the attorney general and
includes an assistant or deputy county attorney, municipal prosecutor
or attorney general.
Source: www.womenslaw.org/statutes_detail.php?statute_id=2604#statute-top
Jackson, Mississippi Criminal Defense
Lawyer Explains Aggravated Domestic Violence
A person is guilty of aggravated domestic violence if he or she (a) causes, or attempts to cause, serious bodily injury to another person; or (b) while using a deadly weapon, causes or attempts to cause, bodily injury to another person. These are the same elements as aggravated assault. However, in order to constitute aggravated domestic violence, the alleged victim must have a certain type of relationship with the defendant. These types of relationships typically involve spouses and boyfriends/girlfriends. These are the same basic types of relationships as specified in the simple domestic violence statute.
The penalties for aggravated domestic violence are the same as those for aggravated assault: Up to twenty (20) years in prison. If the defendant has been previously convicted of aggravated domestic violence two or more times within the preceding 5 years, then the potential penalty is enhanced to a minimum of five (5) years to a maximum of twenty (20) years in prison.
Aggravated domestic violence is a serious crime in Mississippi,
and carries severe penalties. If you have been accused of, or
arrested for aggravated domestic violence, you should take immediate
action to protect your rights.
Source: mississippicriminaldefenselawyerblog.com/2010/04/14/jackson-mississippi-criminal-defense-lawyer-explains-aggravated-domestic-violence
|
|
 |
