What are the consequences of a domestic violence conviction in Mississippi?
A conviction for a domestic violence offense can result in jail time, fines, and a criminal record that can have lasting implications on your life. Depending on the severity of the charge and other factors, such as any prior convictions for violent offenses or violations of protective orders, you may face enhanced penalties.
Can I get a domestic violence charge dropped if the alleged victim decides not to press charges?
No. Domestic violence is considered a crime against society rather than an individual. Therefore, it is up to the State to decide whether or not to pursue charges even if the alleged victim does not wish to press them.
How can I challenge false accusations of domestic violence?
It is important that you hire an experienced criminal defense attorney who understands what evidence needs to be presented in order for your case to stand up in court. Your attorney may be able to identify inconsistencies in statements made by witnesses or look for any other possible defense strategies.
What type of evidence could help my case when facing domestic violence charges?
Evidence such as medical records from injuries sustained during an altercation or witness testimony from individuals who were present at the scene could help your case when facing domestic violence charges.
What should I do if I am arrested for a domestic disturbance?
It is important that you remain calm and contact an experienced criminal defense attorney immediately after being arrested. Your attorney will review all aspects of your arrest and advise you on how best proceed with your case.
What Is Domestic Violence in Mississippi?
Domestic violence are simple or aggravated crimes that occur in the following relationships:
Between current or former spouses
Between family members who reside together or who formerly resided together
Between persons dating or who have had an intimate relationship
Between those who share a child
Between parents and children
Between domestic partners
Between roommates
Simple assault under domestic violence laws involve trying to injure the alleged victim, intentionally injuring or recklessly injuring the alleged victim, causing injury through the use of a deadly weapon, or threatening the alleged victim which puts him or her in fear of being injured. Domestic violence becomes “aggravated” when “serious” bodily injury is attempted or caused. Serious bodily injury is differentiated from bodily injury by causing injuries that require hospitalization, such as broken bones, head injuries, and more.
How Can a Domestic Violence Lawyer Help Me?
A domestic violence lawyer can provide crucial legal assistance and support if you have been accused of domestic violence. Here are some ways in which a domestic violence lawyer can help you:
Legal Advice: A domestic violence lawyer can provide you with legal advice tailored to your specific situation.
Gathering Evidence: If you are accused of domestic violence, your lawyer can help gather evidence to defend you against false accusations.
Court Representation: If you are accused of a domestic violence-related crime, a domestic violence lawyer can provide a strong defense on your behalf. They can challenge evidence, question witnesses, and work to have charges reduced or dismissed.
It's important to choose a qualified and experienced domestic violence lawyer who specializes in this area of law, as they will have a deep understanding of the unique challenges and legal nuances associated with domestic violence cases.
Understanding Penalties for Domestic Violence in Mississippi
Domestic violence simple assault is charged as a misdemeanor punishable by up to six months in jail and a fine of up to $500. Third or subsequent convictions within five years will be charged as a felony carrying five up to 10 years in prison. If it is charged as aggravated assault, you will face a minimum of two years in prison. However, third or subsequent aggravated assault convictions within five years will be charged as felonies carrying 10 up to 20 years in prison.
You may also be required to pay restitution to the alleged victim of up to $5,000. This is in reference to reimbursement for any medical expenses, counseling, or repairs/replacement of damaged property. You may also be subject to a domestic abuse protection order (restraining order) issued by the court. These can order you to vacate the family residence, prohibit any type of contact with the protected person (and any children), and issue other restrictions.
Contact Oberhousen Law Firm for Domestic Violence Defense
If you or someone you know is facing any type of domestic violence charge, we strongly advise that you bring in our experienced attorney as soon as possible. We can immediately look into the circumstances surrounding your arrest to ensure that proper police procedure occurred and that your rights were not violated. Our attorney can make a complete investigation of all of the facts and begin constructing a viable defense. We will do everything within the law to help you avoid or minimize the consequences of a domestic violence conviction through diligent legal work and a commitment to bringing you an effective defense.
What are the consequences of a domestic violence conviction in Mississippi?
A conviction for a domestic violence offense can result in jail time, fines, and a criminal record that can have lasting implications on your life. Depending on the severity of the charge and other factors, such as any prior convictions for violent offenses or violations of protective orders, you may face enhanced penalties.
Can I get a domestic violence charge dropped if the alleged victim decides not to press charges?
No. Domestic violence is considered a crime against society rather than an individual. Therefore, it is up to the State to decide whether or not to pursue charges even if the alleged victim does not wish to press them.
How can I challenge false accusations of domestic violence?
It is important that you hire an experienced criminal defense attorney who understands what evidence needs to be presented in order for your case to stand up in court. Your attorney may be able to identify inconsistencies in statements made by witnesses or look for any other possible defense strategies.
What type of evidence could help my case when facing domestic violence charges?
Evidence such as medical records from injuries sustained during an altercation or witness testimony from individuals who were present at the scene could help your case when facing domestic violence charges.
What should I do if I am arrested for a domestic disturbance?
It is important that you remain calm and contact an experienced criminal defense attorney immediately after being arrested. Your attorney will review all aspects of your arrest and advise you on how best proceed with your case.
What Is Domestic Violence in Mississippi?
Domestic violence are simple or aggravated crimes that occur in the following relationships:
Between current or former spouses
Between family members who reside together or who formerly resided together
Between persons dating or who have had an intimate relationship
Between those who share a child
Between parents and children
Between domestic partners
Between roommates
Simple assault under domestic violence laws involve trying to injure the alleged victim, intentionally injuring or recklessly injuring the alleged victim, causing injury through the use of a deadly weapon, or threatening the alleged victim which puts him or her in fear of being injured. Domestic violence becomes “aggravated” when “serious” bodily injury is attempted or caused. Serious bodily injury is differentiated from bodily injury by causing injuries that require hospitalization, such as broken bones, head injuries, and more.
How Can a Domestic Violence Lawyer Help Me?
A domestic violence lawyer can provide crucial legal assistance and support if you have been accused of domestic violence. Here are some ways in which a domestic violence lawyer can help you:
Legal Advice: A domestic violence lawyer can provide you with legal advice tailored to your specific situation.
Gathering Evidence: If you are accused of domestic violence, your lawyer can help gather evidence to defend you against false accusations.
Court Representation: If you are accused of a domestic violence-related crime, a domestic violence lawyer can provide a strong defense on your behalf. They can challenge evidence, question witnesses, and work to have charges reduced or dismissed.
It's important to choose a qualified and experienced domestic violence lawyer who specializes in this area of law, as they will have a deep understanding of the unique challenges and legal nuances associated with domestic violence cases.
Domestic Violence Penalties
Domestic violence simple assault is charged as a misdemeanor punishable by up to six months in jail and a fine of up to $500. Third or subsequent convictions within five years will be charged as a felony carrying five up to 10 years in prison. If it is charged as aggravated assault, you will face a minimum of two years in prison. However, third or subsequent aggravated assault convictions within five years will be charged as felonies carrying 10 up to 20 years in prison.
You may also be required to pay restitution to the alleged victim of up to $5,000. This is in reference to reimbursement for any medical expenses, counseling, or repairs/replacement of damaged property. You may also be subject to a domestic abuse protection order (restraining order) issued by the court. These can order you to vacate the family residence, prohibit any type of contact with the protected person (and any children), and issue other restrictions.
Contact Oberhousen Law Firm, PLLC Today
If you or someone you know is facing any type of domestic violence charge, we strongly advise that you bring in our experienced attorney as soon as possible. We can immediately look into the circumstances surrounding your arrest to ensure that proper police procedure occurred and that your rights were not violated. Our attorney can make a complete investigation of all of the facts and begin constructing a viable defense. We will do everything within the law to help you avoid or minimize the consequences of a domestic violence conviction through diligent legal work and a commitment to bringing you an effective defense.
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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