Mississippi Criminal Law BlogAlthough there is no excuse for violence, in many cases alcohol use is what contributes to violence. Studies have shown that as many as one in four victims of violent crimes report being attacked by someone who had previously been consuming alcohol. This is especially prevalent in domestic violence cases where emotions can be escalated by alcohol abuse.
The term “domestic violence” can mean any number of violent offenses against a spouse, family member, current or former parties in a social relationship, or other person living in the same residence. There are so many different crimes that can be committed by an offender, and some are certainly more common than others.
What are the Most Common Offenses Made by Drug and Alcohol abusers?
In addition to domestic violence cases, other crimes that top the list among drug and alcohol abusers include: (1) DUI arrests, (2) aggravated assault, (3) child abuse and neglect, (4) robbery or theft, and (5) homicides.
Offenders who are under the influence of drugs or alcohol tend to lose their sense of judgement. Domestic violence is quite common among those who are under the influence of drugs and/or alcohol.
Why does Alcohol and Drugs Increase Crime Rates?
There are many reasons to consider why offenders who are under the influence are more likely to commit violent crimes. First of all, alcohol lowers your sense of risk and restraint to commit a crime. This can make it difficult for an offender to resist the urge to be reckless or violent as an instant response to a situation or towards an individual. When people are using alcohol or drugs, they aren’t in the right mindset to be able to determine what is right or wrong in a pressure situation. They can only see the problem and impulsively jump towards the wrong solution, which often leads to domestic violence.
Many illegal drugs, and/or the use of even alcohol, can create a sense of fearlessness among offenders. This leads to making rash judgments and poor decisions, and often without thinking of the consequences.
Another reason that a lot of people commit violent crimes, and especially in domestic situations, is because many illegal substances, and alcohol, can cause people to become overly aggressive. Aggression is a knee-jerk reaction, and with a lowered sense of judgement, it’s much more likely that an offender will act in an aggressive manner towards the person that is causing them trouble.
What is the Penalty for Domestic Violence conviction?
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 connected to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the offender has had a biological or legally adopted child, an offender 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
(iii) Attempts by physical menace (threats) to put another in fear of imminent serious bodily harm.
Upon conviction, the offender 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.
In addition, those convicted of domestic violence can no longer have a hand gun, rifle, or a shotgun. In a hunting state like Mississippi, this will pose a lifetime hardship for those who enjoy hunting or for self-defense.
What should an Offender do if they are being Charged with Domestic Violence?
If you have been searching the Mississippi area for a qualified, experienced criminal defense attorney, look no further than Vic Carmody Jr., P.A. Over the years, we have helped numerous defendants pursue favorable outcomes. Although being accused of domestic violence is not a pleasant experience, there are many potential defense strategies that can be used to reduce the charges against an offender. Book your consultation today to learn more.
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