North Mississippi Criminal Defense Lawyer

Penalties for Domestic Violence

In the state of Mississippi, simple domestic violence carries the same penalty as simple assault—up to six months in jail, a $500 fine, or both.

If, however, the offense is the third or subsequent conviction for domestic violence within five years, the charges become a felony, punishable by a minimum of five years in prison and up to 10 years imprisonment.

Accused of a Violent Crime? Contact Our Criminal Defense Lawyer in Southaven

Whether you’ve been charged with simple assault, aggravated assault, or domestic violence, you deserve to be heard by the defense attorneys at Stroud, Flechas & Dalton. To schedule a free consultation, contact our Southaven criminal defense lawyers today.

Driving Under the Influence (DUI)

Mississippi Code §63-11-30 deals with driving under the influence (DUI). State lawmakers have toughened the laws pertaining to driving under the influence, including zero tolerance laws for minors.

Under Mississippi’s Implied Consent Law, it is illegal to operate a motor vehicle when a person is under the influence of alcohol or drugs to the extent his or her driving ability is impaired. The law defines intoxication as any BAC level which is .08 percent or higher; the legal limit for commercial drivers is a BAC of .04 if they are arrested while driving their commercial vehicle. 

Penalties for DUI in Mississippi

A first offender who receives a DUI conviction could face a fine from $250-$1,000 and could spend up to 48 hours in jail. The jail time could be replaced with mandatory attendance at a victim impact panel. A first offender could also have his or her driver’s license suspended for up to one year.

If there is a minor passenger under the age of 16 in the vehicle, the offender can also be charged with child-endangerment DUI, which carries its own separate fine up to $1,000 and up to six months in jail.

Multiple DUI Offenses

Subsequent DUI offenses will result in more severe penalties when those offenses occur within a five-year period. A third or subsequent DUI conviction within a five-year period is a felony, resulting in up to five years in the state penitentiary, a $5,000 fine, a five-year driver’s license suspension, and vehicle seizure. A fourth Mississippi DUI charge in one’s lifetime will result in a felony DUI charge regardless of the date that the prior three convictions occurred. 

DUI Resulting in Injury or Death

If a person convicted of DUI caused the death or serious injury of another person, this is aggravated DUI (aka DUI mayhem). The penalties for aggravated DUI could be as much as 25 years in prison.

Public Intoxication

Mississippi Code § 97-29-47 deals with public drunkenness, a charge that can result in some fairly serious consequences. Of course, those consequences will depend on the circumstances surrounding your individual case.

Penalties for Public Intoxication

A public intoxication charge could potentially land you in jail for up to 30 days. If the incident of public intoxication involved violence, additional criminal charges could also be filed.

Public intoxication could include the use of profanity, swear words, or cursing in public—it is illegal in the state of Mississippi to be drunk and/or use profane language in a public place in the presence of two or more people. Fines for a conviction of this crime could be up to $100.

Drug Charges (Sale and Possession)

Being convicted of drug sales or drug possession in Mississippi can change your life forever. The state classifies drugs such as marijuana, heroin, and cocaine as controlled dangerous substances, including the compounds used to manufacture certain drugs.

Penalties for Drug Possession and Sale

The penalties for illegally possessing or illegally selling a specific drug will depend on which of the five schedules the drug falls under. The penalty will also depend on the amount of the drug possessed or sold, the type of drug possessed or sold, and whether there are prior drug convictions on a person’s record.

As an example, possession of less than one-tenth of a gram of a Schedule I drug could be charged as a misdemeanor, with a fine up to $1,000 and up to one year in jail. By comparison, a felony charge for a Schedule I drug could bring penalties of up to $10,000 in fines, and multiple years in prison depending on the amount possessed.

Accused of DUI or a Drug Crime? Contact Our Criminal Defense Attorney in Southaven

Whether you’re facing a first offense DUI or a serious drug possession charge, the lawyers at Stroud, Flechas & Dalton will hear you out. To set up a free case evaluation and get honest counsel from our law firm in Southaven, contact our criminal defense lawyers today.

Reckless Driving

According to Mississippi Code § 63-3-1201, reckless driving occurs when a person drives a vehicle in such a manner as to indicate willful or wanton disregard for the safety of others or their property. A conviction for reckless driving can bring a fine of up to $100 as a first offense, and up to 10 days in jail and a fine as large as $500 for a second offense

While reckless driving in Mississippi is a misdemeanor, there could be many negative consequences in addition to jail time and fines. Your driver’s license could be suspended and you’re likely to experience an increase in your insurance premiums.

Driving with a Suspended or Revoked License

A driver in Mississippi could have his or her driver’s license suspended or revoked for a number of reasons, including:

• Being habitually negligent or reckless when driving
• Being convicted for certain controlled substance crimes
• Causing death, injury, or serious property damage to another
• Being deemed incompetent to drive a vehicle
• Being caught driving without auto insurance
• Being frequently convicted of serious traffic offenses
• Refusing to submit to a chemical test when pulled over on suspicion of DUI
• Failing to respond to a summons for certain traffic violations
• Failing to pay child support
• Use of a vehicle in committing a felony

If you are caught driving while your license is suspended or revoked, you could spend up to six months in jail and pay a fine between $200 and $500.

Shoplifting

According to Mississippi Code § 97-23-93, shoplifting is when a person willfully and unlawfully takes possession of merchandise without paying the merchant. Many stores push for accused shoplifters to be prosecuted to the fullest extent of the law.

Penalties for a first offense shoplifting charge for merchandise valued under $500 can result in fines up to $1,000 and up to six months in jail. For merchandise valued over $500, fines can be as high as $10,000 with up to 10 years imprisonment.

Resisting Arrest and Disorderly Conduct

Mississippi Code § 97-35-7 addresses disobeying a lawful command issued by a police officer. Failure to comply with the police officer’s command results in a disorderly conduct charge. Penalties for disorderly conduct include fines up to $500 and up to six months in jail.

People experience a wide range of emotions when confronted by a police officer. Our defense lawyers can examine the circumstances of your case and determine if the officer’s command was indeed lawful. As always, our attorneys will ensure your rights were not violated during your arrest.

Contact Us to Speak with a North Mississippi Criminal Defense Lawyer for Free

The ramifications of going through your case alone or without an experienced attorney can be life-altering. Protect yourself and your rights with a defense team that is compassionate, trustworthy, and willing to seek justice for you.