Articles Posted in MS Criminal Laws

Aggravated assault is a very serious criminal charge. In addition to the possible criminal penalties, it can make it hard to pass a background check to get a job or find housing. When a person has been accused of this crime of violence, they are being accused of some type of crime against a person. However, the assault charge that the offender will be subject to will depend on the exact circumstances regarding the level of force used. Aggravated assault is a type of crime that is much more serious than simple assault. If you have been accused of aggravated assault, it is important that you do everything that you can to defend yourself from this accusation. Our attorneys at the Carmody Law Firm will work tirelessly to ensure that your rights are protected and that your side of the story is heard in court.

What Makes an Assault an Aggravated Assault?

In order for any offender to be charged with assault or aggravated assault, they do not have to have caused injury to another person. Instead, simply the behavior of causing sufficient fear that harm could or would be caused can constitute assault. The thing that differentiates assault and aggravated assault is the use or presence of a deadly weapon. It is possible for a person to be charged with aggravated assault even if they did not cause any physical harm whatsoever. What does need to have happened however, is for an offender carrying a deadly weapon to have caused fear for another person’s safety, or to have threatened a person with a deadly weapon.

Anyone facing criminal charges is a traumatic experience. One of the most serious

charges is rape. This charge carries a long prison sentence and the stigma of a felony

conviction based on a violent sexual conviction and a life time sexual offender

“Fleeing or eluding a law enforcement officer in a motor vehicle” is a serious offense in

Mississippi. However, most of us know it better as simply “a car chase.” The reason this is

viewed as such a serious crime in Mississippi should be obvious. When you are zooming down

“Disorderly conduct” may seem like a vague phrase. After all, there are many acts that could potentially be considered disorderly conduct. So, how do you know if you are breaking the law? The truth is that you could face serious legal consequences for committing this crime, so it makes sense to gain a clear understanding of what falls within the parameters of “disorderly conduct.”

If you have been charged with disorderly conduct in Mississippi, get in touch with an experienced criminal defense attorney as soon as possible. Although disorderly conduct might not be the worst crime you can be charged with in Mississippi, the consequences are no laughing matter. To avoid these legal consequences, you can work with an attorney and put a solid defense strategy into action.

The Definition of Disorderly Conduct in Mississippi

Kidnapping is a serious offense in the state of Mississippi, and it may occur in a number of different ways. When most people think about kidnapping, they picture an armed person in a mask – perhaps pulling up in an unmarked van before grabbing someone off the street and holding them for ransom. But in reality, the vast majority of kidnapping cases are much less spectacular, and they typically involve family members. In fact, many people commit this crime without even fully realizing it.

If you have been charged with kidnapping in Mississippi, you need to get in touch with an experienced criminal defense attorney as soon as possible. With help from a legal professional, you can fight for your rights and your freedom. As you will see, kidnapping can result in significant legal penalties. With the right legal assistance, you can mitigate these consequences as much as possible.

What is the Legal Definition of Kidnapping?

Many people consider graffiti a form of “street art,” and they appreciate its urban influences and risque style. Unfortunately, the law does not share that opinion, and anyone caught vandalizing property can face serious penalties in the state of Mississippi. Some forms of vandalism are worse than others. For example, vandalizing a public building is considered an especially heinous act, and you may face considerable consequences if caught. But how bad can the penalties be?

If you are facing vandalism charges in Mississippi, you should immediately get in touch with an experienced criminal defense attorney. Our legal professionals can help you strive for the best possible results in your case. If your child has been charged with vandalism, you can book a consultation with a private defense attorney on their behalf. Vandalism is considered a serious offense in Mississippi, and there is no sense in accepting needlessly excessive penalties.

School Prank Gone Wrong

A “Romeo and Juliet” law is an exception in the law to prevent the prosecution of underage people who engage in consensual sex when both participants are significantly close in age, and one is below the age of consent. Named after William Shakespeare’s young lovers in the Romeo and Juliet play, these exceptions protect young people from criminal charges resulting from consensual sexual activity with other young people. People cannot be prosecuted for statutory rape or sexual battery who have engaged in sexual activity with one another and are within 36 months of each other. In Mississippi, the age of consent is 16 years old. At 16, a person is legally old enough to consent to sexual activity. Individuals aged 15 or younger cannot legally consent to sexual activity, and such action could result in prosecution for statutory rape or sexual battery. In Mississippi, statutory rape laws are violated when a person has consensual sexual intercourse with an individual under 16 and who is not their spouse. A close-in-age exemption exists when the age gap between the parties is less than 36 months.

Statutory Rape in Mississippi:

In Mississippi, a person commits statutory rape by having sexual intercourse with a 14 or 15-year-old child when the defendant is age 17 or older and more than three years older than the child. For example, a 17-year-old who has had consensual sex with a 15-year-old cannot be criminally prosecuted in Mississippi. However, sex with anyone younger than 14 is always a crime and can carry a possible sentence of life imprisonment. (Miss. Code Ann. §§ 97-3-65, 97-3-95 (2018).)

If you are facing a criminal trial, expert witnesses may play a significant role. But what exactly is an expert witness, and how may they affect your chances? The truth is that there are many different types of expert witnesses that could be called upon, and it all depends on the unique circumstances of your situation. However, you should know that expert witnesses have the potential to help you considerably – or diminish your chances of a positive outcome. 

If you are facing charges in Mississippi, you should get in touch with a criminal defense attorney as soon as possible. Although you can always rely on a public defense attorney, a private lawyer can help you strive for better results in a much more efficient manner. The truth is that many criminal cases never reach trial, and skilled attorneys can help you work out certain deals without ever needing to call upon an expert witness. 

What is an Expert Witness?

The word “child” can be somewhat misleading in the current day and age. After all, children today are much more likely to be engaged in questionable activities – including crimes. The United States is currently dealing with a serious issue regarding youth gangs who seemingly get away with all kinds of terrible acts, including murder, theft, and much more. But what happens when you assault a child in Mississippi? What happens when you strike a child who you believed was an adult? How bad can this situation get in a legal context?

If you have been charged with assault, child endangerment, domestic abuse, or any related crime, you need to get in touch with a qualified criminal defense lawyer as soon as possible. Our legal professionals can help you mitigate any potential penalties you might be facing, and we can assist you as you fight for your rights. It is best to book consultation as soon as possible.

Child Abuse

Despite the fact that many people look down upon criminals and view them with contempt, these individuals still have rights. Unfortunately, many prisons across the United States do not treat prisoners according to these rights. A recent report from the Department of Justice has found that the Mississippi State Penitentiary has violated the US Constitution on numerous occasions. This raises serious questions about how we approach criminal justice in the Magnolia State, and the report may result in considerable consequences for those who allowed this misconduct and negligence to continue.

If you feel as though you or a loved one has experienced poor prison conditions, you can get in touch with a criminal defense attorney and make a legal challenge. In some cases, this can help inmates achieve better conditions. It is always important to fight for your rights, whether you have been accused of a crime or not. Of course, the best possible outcome is to steer clear of prison altogether. Once again, a criminal defense attorney can help you accomplish this. It is best to get in touch with a defense lawyer as soon as you face charges.

What is Happening in the Mississippi State Penitentiary?