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Domestic Violence Law

Jackson MS Domestic Violence Lawyer Vic Carmody

Mississippi domestic violence laws are part of the state's assault and aggravated assault statute. While not nearly as punitive as the neighboring state of Alabama, the Magnolia State has plenty or penalties that can derail a person's life, especially when jail time is ordered.

This article explains the high value of retaining an affordable domestic violence attorney with a criminal law background, and not just a divorce lawyer. After the 2020 COVID 19 pandemic put people out of work, and going stir crazy at home, the incidence of domestic violence has greatly increased. Because the legal system is based on relationships and inside information, choosing wisely for your legal counsel is Job #1.

Domestic Violence Law in Mississippi: MSA 97-3-7

The Mississippi Code outlines domestic violence (DV) under the MCA (Mississippi Code Annotated) statute titled as follows:

Mississippi Code Annotated Section 97-3-7 covers assault on various “categories” of public workers, family, or related parties or even on a stranger. But sections (3) through (6) of the MS DV statute address who is covered by the portion of the statute that pertains to related parties.

(3) A person is guilty of simple domestic violence who commits simple assault as described in subsection (1) of this section against a current or former spouse 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, other persons related by consanguinity or affinity who reside with or formerly resided with the defendant, a person who has a current or former dating relationship with the defendant, 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; however, 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. In sentencing, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred.

(4) A person is guilty of aggravated domestic violence who commits aggravated assault as described in subsection (2) of this section against a current or former spouse or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant, other persons related by consanguinity or affinity who reside with or formerly resided with the defendant or a child of that person, a person who has a current or former dating relationship with the defendant, 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; however, 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. In sentencing, the court shall consider as an aggravating factor whether the crime was committed in the physical presence or hearing of a child under sixteen (16) years of age who was, at the time of the offense, living within either the residence of the victim, the residence of the perpetrator, or the residence where the offense occurred. Reasonable discipline of a child, such as spanking, is not an offense under this subsection (4).

(5) "Dating relationship" means a social relationship as defined in Section 93-21-3.

(6) 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.

Mississippi Criminal Defense Law Firm Hire a Mississippi Domestic Violence Attorney Who Defends Clients In the Tri-County Area Around Jackson MS

If a personal injury is suffered, legal consequences are usually greater than if a mere threat has occurred. For any third offender, you will need a felony domestic violence lawyer in MS. Don't hire your cousin's husband, who is a tax lawyer, to defend you on these life-altering cases.

A criminal defense attorney domestic violence and experienced courtroom lawyer knows how to get things done and how to diffuse some situations. Thousands of times, emotional decisions that revolve around divorce or separation spiral out of control.

24 Hour Domestic Violence Lawyer

Our law office provides you with a domestic violence attorney FREE consultation. Call today at 1-800-360-3847. Call Lance Mixon, Kevin Stewart or Vic Carmody, the Partners in Carmody, Stewart & Mixon.

Retaining a domestic violence attorney near me to step in and try to gain control of a misdemeanor or felony DV case may be your best chance of avoiding a legal disaster for your family and for all parties involved. Since our law firm offers a 100% FREE consultation to give you some perspective of what lies ahead, what do you lose by taking the free case assessment?

When you are ready to attack this legal nightmare, dial us at 1-800-360-3847, to speak to our three Super Lawyers and Mississippi law book co-authors. The lawyer consultation is FREE. Call today to law office near me to shift this burden off your shoulders and onto ours.

Client Reviews
★★★★★
"We cannot thank Mr. Carmody enough. He really did his homework on our case.....well, he DID write all the books on it :) I mean, you cannot get more qualified than that!!!" Cynthia
★★★★★
"I am very grateful for Mr. Carmody's knowledge and skill. He did a tremendous service for my family. Our prayers were heard and answered and I thank God for sending Mr. Carmody to get the job done." Lynn
★★★★★
"Kevin did an amazing, seemingly effortless job of handling my case. His experience and vision allowed for a level of preparedness and contingency planning that frankly humbled me on the day we faced the judge." Rob