Articles Posted in MS Domestic Violence Law

According to the Rape, Abuse, & Incest National Network (RAINN), every 68 seconds, an American is sexually assaulted. The majority of sexual assault victims are between the ages of 18 and 34. Sexual assault is a serious crime that can have significant legal and personal consequences for both the victim and the accused. 

In the state of Mississippi, sexual assault is defined as any non-consensual sexual act, including rape, molestation, and unwanted touching. This remains the case even if the two individuals are married. The legal definition of sexual assault in Mississippi is based on the concept of consent. In order for a sexual act to be consensual, both parties must freely and willingly agree to engage in the act. If one person is coerced or forced into the act, then it is considered sexual assault.

 In Mississippi, the age of consent is 16 years of age. However, sexual battery is also known as a status crime. This means that if the age differential between the accuser and the defendant is more than 2 years for an individual under 14, and 3 years for an individual under 16, they cannot legally consent. It is also important to note that the legal definition of consent varies from state to state, so it is important to consult with an attorney who is familiar with Mississippi law.

A term like “simple assault” is extremely vague, especially when one considers the plethora of possible violent crimes in Mississippi. What exactly makes a simple assault “simple?” Is it the straightforward nature of the crime? Is it the lack of a deadly weapon? Could it be the minor nature of the resulting injuries? Many defendants ask these questions when they learn that they have been charged with simple assault in the State of Mississippi. The answers are not always clear, and it may take an experienced defense attorney to explain this deceptively complex crime in more detail. What exactly is simple assault in Mississippi?

Penalties for Simple Assault in Mississippi

The first thing you need to know about simple assault in Mississippi is that this crime is considered a misdemeanor. In other words, it is not a felony, and as such, the maximum penalties are lower. For most instances of simple assault, the longest period you can spend in jail is six months. In addition, you can face a fine of up to $500 for simple assault. 

A 63-year-old Mobile, Alabama woman was accused of setting her husband on fire earlier this week, according to WLBT-TV. Reports by the Mobile Police Department indicate that officers responded to the scene around 6:30 in the evening in reference to a medical emergency. Once on the scene, officers discovered that the woman seemingly doused her husband with flammable liquid and set him on fire. The woman was present on the scene when the authorities arrived, and her husband was taken to the hospital with life-threatening injuries. The woman is facing an aggravated domestic violence charge, and reports indicate that her bond has been set at $7,500. In addition, the judge has ordered that the woman have no contact with her husband. 

Domestic violence is a pervasive problem in Mississippi, and aggravated domestic violence is a particularly serious subset of this crime. According to the Mississippi Coalition Against Domestic Violence, in 2020:

  • There were 19 domestic violence-related fatalities in Mississippi.

Domestic Violence is an issue that impacts all parts of society, regardless of a person’s race, gender, or income level.  Recently, UFC (Ultimate Fighting Competition) President Dana White made headlines for slapping his wife at a nightclub.  According to reports, White and his wife were seen arguing before he slapped her in the face.  A video of the altercation quickly surfaced on social media, drawing outrage and criticism from across the sports world.  While both parties supposedly apologized to one another, many are saying that White committed an act of domestic violence and should be removed as UFC head.  White, himself, is even quoted as saying that, “there’s one thing you never bounce back from, and that’s putting your hands on a woman.” 

White is the most recent public figure to be cast into the spotlight for a domestic violence issue.  When looking at statistics, the impact and frequency of these issues on everyday people is staggering. According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men have experienced some form of physical violence by an intimate partner.  This includes a range of behaviors, including actions as simple as slapping, shoving, and pushing.

How is Simple Domestic Violence Defined in Mississippi?

Valentine’s Day is right around the corner, and for some couples it isn’t always sunshine and roses. According to the National Coalition Against Domestic Violence (NCADV), one in three women and one in four men in the United States have experienced some form of physical violence at the hands of an intimate partner, also referred to as domestic violence.

What is Domestic Violence?

The United States Department of Justice defines domestic violence as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence may be physical, sexual, emotional, economic, psychological, or technological actions or threats of actions or other patterns of coercive behavior.

       A domestic violence charge comes with serious consequences, which is why it’s vital to protect your rights with the help of well qualified criminal defense attorney. Many people believe that if they are innocent, they do not need legal representation because the truth will come out in court. However, this is not the case, especially if there isn’t an experienced criminal defense attorney working for you. When you are innocent, or even when you believe that the facts in your case would show your innocence, you still need legal counsel to get those facts to the court.  

       Domestic violence is a serious charge and can result in serious consequences. In the state of Mississippi, domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, stalking, kidnapping, even putting someone in fear of an assault, or any criminal offense resulting in physical injury or death of one family or household member. If you have been accused of domestic violence, it is crucial to have an experienced criminal defense attorney on your side who will guide you through the process and obtain the best possible results for your case. 

       The criminal defense attorneys at the Carmody Law Firm will work quickly to help develop a personalized defense strategy for your case. We plan for the worst while we try for the best outcomes.  

Although 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?

When a relationship ends, it can be difficult to move on. Some take breakups better than others, while certain individuals never truly recover from heartbreak. Whatever happens, it is important not to let your emotions get the better of you. If you find yourself stalking your ex and harassing them, you could face serious legal consequences. The old saying “all’s fair in love and war” definitely does not apply in terms of Mississippi law.

If you are facing charges for harassment, stalking (including cyberstalking), violating a protection order, or any other crime associated with your ex-partner, you should get in touch with a qualified, experienced criminal defense attorney as soon as possible. Our legal professionals can help you avoid consequences for these crimes, and we can help you choose an effective defense strategy. Book your consultation now for best results.

Man Kidnaps Ex-Girlfriend and Her New Boyfriend After Shooting at Her

There are certain things that can make a simple assault charge much worse in Mississippi. These are typically referred to as “aggravating factors.” Courts take these factors into account for obvious reasons. Assaults can have varying degrees of severity, and they should be prosecuted accordingly. For example, shoving someone to the ground is much less serious than throwing someone off a balcony. What are some other examples of aggravating factors? How can people make their assault charges worse in Mississippi?

If you have been charged with aggravated assault in Mississippi, it makes sense to get in touch with a criminal defense attorney as soon as possible. In some cases, you may face allegations that are unjustified. This means that your attorney will have the opportunity to remove certain aggravating factors, allowing you to face penalties for simple assault instead of aggravated assault. In any case, we will work hard to mitigate your situation as much as possible. It makes sense to get in touch with one of our legal professionals as soon as possible. The sooner we can start discussing defense strategies, the better.

The Difference Between Aggravated Assault and Simple Assault

It goes without saying that child abuse is a very serious crime in Mississippi. Not only are children defenseless, but they also may be unable to get help from the authorities. Harming these vulnerable, young individuals is considered one of the worst crimes in the state of Mississippi, and those guilty of this offense face severe penalties. Child abuse can come in many different forms, and it is important to understand how the state defines this crime in a legal context.

If you have been charged with child abuse in Mississippi, you should get in touch with an experienced criminal defense attorney as soon as possible. Sometimes, parents or other individuals are wrongfully accused of these offenses. Perhaps your spouse has accused you of child abuse during your divorce, even though you always treated your children well. If this is the case, it is imperative to work with our legal professionals to clear your name.

How Does Mississippi Define Child Abuse?

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