Domestic Violence Lawyers in Gulfport, MS
A Trial-Tested Legal Team Ready to Serve Clients Throughout Mississippi
A domestic violence conviction could put your reputation, family, and future in jeopardy. If you are facing criminal charges for an incident at your home, the Gulf Coast domestic violence lawyers at Holcomb Johnson PLLC provide the highest standard of legal representation to our clients. Our skilled criminal defense attorneys provide trusted legal advice and aggressively defend our clients in court.
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What are the Penalties for Domestic Violence in Mississippi?
The penalties for domestic violence can depend on the specifics of the situation and whether this was your first offense or you have prior convictions. For a first offense, you could be facing up to six months in jail and fines of up to $500. A second conviction within five years can result in a felony offense, which comes with a prison sentence of 5 to 10 years.
Domestic violence can arise from many situations and can often involve another crime, such as harassment, stalking, assault and battery, threats, false imprisonment, and sexual assault. Although domestic violence is often thought of as occurring between spouses, incidents don’t even have to be between related individuals.
A person can be arrested for domestic violence for disputes with a:
- Spouse
- Romantic partner
- Roommate
- Sibling
- Parent
Is Domestic Violence a Felony in Mississippi?
In Mississippi, aggravated domestic violence is a felony punishable by a minimum of two years in prison. If the crime is the defendant’s third or subsequent conviction for aggravated domestic violence (or a similar crime in another state) within five years, the penalty is a minimum of 10 years in prison and up to 20 years. If there was a child under 16 present, then the court will consider the domestic violence to be aggravated and be considered a felony. If a firearm was also used during the case, then a five year minimum sentence will be added on top of the conviction.
Can Domestic Violence Cases Get Dismissed?
Domestic violence cases can only be dropped by the prosecutor. There is a common belief that in domestic violence charges that the victim can drop the charges. This is not accurate. Because it’s not the victim who presses the charge, the victim does not get to drop the charge. The prosecutor can drop the case if they believe that they do not have enough evidence to prove it in trial. Even if the victim wants the case dropped, the prosecutor might still keep the charge.
Does a Domestic Violence Record Show Up on a Background Check?
Domestic violence convictions are public records because they will show up on your background check. If you were convicted of a domestic violence, you are no longer allowed to bear firearms due to the Lautenberg amendment. You can have your domestic violence case lessened to a lower charge and then you can have that charge be expunged. Once you have that lowered charge expunged, that charge will no longer show up in a background check. The only people that can see the expunged records are law enforcement agencies and the government. A domestic violence charge can easily dissuade future employers from hiring you even if the other candidates have less experience than you. This occurs because many companies do not want to risk employing someone who might be associated with violent tendencies.
How does Domestic Violence Affect Someone Psychologically?
Domestic violence affects someone psychologically due to it leading to heightened fear, depression, anger, posttraumatic stress, drug abuse, alcohol abuse, and may even lead to thoughts of suicide. The effects can last for years and can rob you of the will to live a full and rich life.
Skilled Legal Representation
In addition to the possibility of a jail or prison sentence, a domestic violence conviction can harm your personal and professional reputation. A conviction will result in a criminal record, which could put your career at risk, especially if you hold a professional license or work with children or the elderly. Our Gulf Coast domestic violence attorneys can fight for your rights and work to minimize the impact on your life.