Mississippi Criminal Defense Lawyers

Our Mississippi Criminal Defense Attorneys Are Dedicated to Your Success

Choosing a criminal defense lawyer is a serious decision. At our firm, we carefully evaluate every case before agreeing to representation. If we take your case, it is because we believe there is a meaningful path forward and that your situation deserves a thorough, strategic defense.

Our approach includes:

• Careful Case Evaluation: We review the facts, the evidence, and the applicable Mississippi law to determine the strongest defense strategy available.
• Trial-Ready Preparation: We prepare cases with the understanding that they may be presented to a jury, ensuring that we are ready to advocate effectively in court if necessary.
• Ongoing Advocacy: If legal errors occur at the trial level, we can advise you about post-trial options, including whether an appeal may be appropriate.
• Clear and Honest Guidance: We provide straightforward feedback about the strengths and challenges of your case so you can make informed decisions.

Your initial consultation with our firm is free of charge. This gives you the opportunity to share your story, ask questions, and receive insight from experienced Mississippi defense attorneys. During that meeting, we will outline potential next steps and explain how we may be able to assist you, without pressure or unrealistic promises.

Understanding Assault and Battery Under Mississippi Law

According to Mississippi Code § 97-3-7, assault is when someone causes or attempts to cause bodily harm to another person. Assault also covers threats of physical violence that make a person fear imminent bodily injury.

Simple Assault

Penalties for simple assault in Mississippi include up to six months in jail and/or a fine of up to $500.

Aggravated Assault

Aggravated assault differs from simple assault based on the injury inflicted. Broken bones, head injuries, or injuries that require surgery or create a disability are all examples of injuries from aggravated assault.

Penalties for aggravated assault in Mississippi include more than one year in jail and up to 20 years in a state penitentiary.

In Mississippi, you can face harsher penalties if the assault victim is:

• A first responder
• An elected official
• A judge or court employee
• A public school teacher or administrator
• A health or social worker
• Age 65 or older
• Disabled or incapacitated

In these situations, penalties for aggravated assault increase to a maximum fine of $5,000 and up to 30 years imprisonment. 

Domestic Violence Charges in Mississippi

A person may be charged with domestic violence when assault is committed against one of the following persons:

• A current or former spouse
• The child of a current or former spouse
• A person with whom the alleged offender lives or formerly lived
• A family member who lives or previously lived with the alleged offender
• A person the alleged offender has dated, had a romantic relationship with, or had a child with

Penalties for Domestic Violence in Mississippi

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.

How Our Criminal Defense Process Works

Being arrested can leave you feeling uncertain about what happens next. The criminal justice process in Mississippi involves strict deadlines, procedural rules, and important strategic decisions. At Stroud, Flechas & Dalton, we focus on giving you clarity, structure, and a defense plan tailored to your specific situation.

Our process typically includes:

• Initial Consultation and Case Review: We begin by listening to your account of what happened, confirming the charges filed, and identifying the court where your case is pending, whether that is DeSoto County Circuit Court or a municipal court. We also explain immediate concerns such as bond conditions and upcoming court dates.
• Obtaining and Reviewing the Evidence: Next, we gather and analyze police reports, witness statements, video footage, forensic results, and other relevant records. This review allows us to understand the prosecution’s allegations and assess the strength of the evidence.
• Legal Analysis and Option Review: After examining the evidence, we explain how Mississippi law applies to your specific charges. We discuss possible outcomes, sentencing ranges, and any available defenses or legal challenges.
• Pretrial Motions and Negotiations: If appropriate, we may file motions to challenge evidence, raise constitutional concerns, or seek dismissal of certain charges. During this phase, negotiations with the prosecutor may also take place.
• Court Appearances and Case Progression: We represent you at hearings, monitor deadlines, and keep you informed about developments. You will understand the purpose of each court date and the decisions that may need to be made.
• Trial Preparation, If Necessary: If the case does not resolve through dismissal or agreement, we prepare for trial. This includes organizing evidence, preparing witnesses, and presenting your defense before a judge or jury.
• Post-Trial or Sentencing Guidance: If sentencing occurs or further legal action is required, we advise you on the next steps, including whether an appeal may be appropriate.

From your first hearing through the final resolution of your case, our goal is to reduce uncertainty and provide a clear strategy at every stage. By staying organized, responsive, and prepared, we work to protect your rights and pursue the strongest outcome supported by the facts and the law.

Driving Under the Influence (DUI) Charges in Mississippi

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 of 0.08 percent or higher; the legal limit for commercial drivers is a BAC of 0.04 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 of $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 of 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 (also called 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 intoxication, 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 in Mississippi

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 of 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.

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 of 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 criminal defense lawyers can examine the circumstances of your case and determine if the officer’s command was indeed lawful.

Contact Us to Speak with a Mississippi Criminal Defense Lawyer

Facing criminal charges without experienced legal representation can expose you to serious and lasting consequences. A conviction may affect your freedom, employment opportunities, professional licenses, and reputation for years to come. Speaking with a Mississippi criminal defense lawyer as early as possible allows you to understand your rights, evaluate your options, and avoid mistakes that could harm your case.

At our firm, we provide clear guidance, careful preparation, and steady advocacy from the beginning of your case through its resolution. If you or a loved one has been charged with a crime, contact us to schedule a confidential consultation and learn how we can help you move forward with a stronger understanding of your legal position.

Put decades of experience to work for you. Speak with a Mississippi criminal defense lawyer at Stroud, Flechas & Dalton today. Call (662) 371-6580 today.