Domestic Violence Lawyer in Mississippi and Texas
Domestic violence or abuse accusations are incredibly serious. If convicted of domestic violence, you could face jail or prison time, steep fines, and lose your right to own a firearm or maintain child custody. Such charges can also have a seriously detrimental impact on your reputation and could affect your ability to keep your job, secure housing, or obtain a loan.
If you have been accused of domestic violence in Mississippi or Texas, don’t wait to reach out to Wilson Law Firm domestic violence attorney with experience navigating these types of claims. Wilson Law Firm has spent more than 25 years presenting clients accused of domestic violence and other types of violent crimes near Biloxi, Gulfport, Hattiesburg, the surrounding areas along the Gulf Coast, and in Texas. We are prepared to fight for you and your rights. If you are facing charges, contact us today for a free consultation.
What is Considered Domestic Violence in Mississippi and Texas?
Generally In Mississippi and Texas, there are two domestic violence crimes – simple domestic violence or aggravated domestic violence. Actions that constitute a simple assault include:
- Attempts to physically injure another person
- Intentionally or recklessly cause physical injury to another
- Negligently cause bodily injury to another with a deadly weapon
- Threaten another person’s life
A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. For example, pushing someone out of the way in a crowd without intending to injure someone could be considered an assault if the person falls and is injured. Negligent acts on the other hand is one which is not intentional but which occurs because the actor fails to exercise reasonable care. An accidental shooting for example can be a negligent assault if it results from a person not being careful enough when handling a gun.
A person can be a accused of simple domestic violence if they commit a simple assault against one of the following victims:
- Current of former spouse
- Child of a current or former spouse
- Person with whom the offender lives or formerly lived as a spouse or a child of that person
- Family member who lives of previously lived with the offender
- Person with whom the offender has or had a dating or romantic relationship
- Person with whom the offender has a child
A person can be tried on the charge of aggravated assault if they commit an aggravated assault against a spouse, family member or romantic partner as listed above. Actions that constitute aggravated assault include:
- Attempts to cause serious bodily injury to another person
- Intentionally or recklessly causing serious bodily injury to another while acting with extreme indifference to human life
- Attempts to cause bodily injury to another person with a deadly weapon or by other means likely to cause death or serious bodily injury
- Causing injury to a child who is in the process of boarding or exiting a school bus if the offender has failed to stop for the bus according to traffic laws
An assault with a deadly weapon is an aggravated assault under Mississippi and Texas law. It is important to note that if a person commits an assault with a deadly weapon or by dangerous means, they need only intend minor injury – whether injury actually results is irrelevant.
Penalties for Domestic Violence Crimes in Mississippi and Texas
A person accused of simple domestic violence in Mississippi and Texas can receive the same penalty as simple assault, up to six months in jail or $500 fine, or both. If the crime is the defendant’s third of subsequent conviction for the same offense within 5 years, it is considered a felony and is punishable by a minimum of five years in prison and a maximum of ten years.
Aggravated domestic violence is a felony punishable by a minimum of two years in prison unless it is the defendant’s third or subsequent conviction for the same offense within five years. In that case, the penalty is a minimum of 10 years in prison and a maximum of 20 years. If a child under 16 years who lives with the victim is within hearing of the incident, the court must consider this fact as an aggravated factor in deciding the length of jail or prison sentence.
The following conditions also yield a variety of penalties in regard to domestic violence charges in Mississippi and Texas:
- Firearm Enhancement – If an offender uses a firearm in the commission of aggravated domestic violence in Mississippi, the minimum sentence is five years in prison in addition to the above sentencing.
- Intentional Assault Against Pregnant Women – If a domestic violence assault is an intentional assault committed against a pregnant woman and the offender knew of the pregnancy, the offender could be charged. If the offense causes a miscarriage, stillbirth, or other injury to the fetus or embryo, the penalty is more severe.
- Restitution – A person convicted of domestic violence in Mississippi and/or can be required to pay restitution up to $5,000. This involves reimbursing the victim for any expenses resulting from the crime such as the cost of medical treatment, counseling, or repair and replacement of property damage.
- Suspended Sentence and Probation – If a defendant successfully completes probation, a court can suspend all or a portion of a prison sentence. Requirements must be met if a person is on supervised probation in order to serve a reduced sentence; however, if the defendant violates any conditions set by the Court, they can be required to serve the remaining sentence in jail or prison.
Hire a Domestic Violence Lawyer in Mississippi or Texas | Wilson Law Firm
Many times, these cases are “he said, she said.” In other words, the defendant and victim are usually the only witnesses. In those cases where a witness is present, it can be their testimony that allows the jury to obtain a guilty verdict. While trial is sometimes the only option, it’s not the only answer. Wilson Law Firm can be your best option when facing a domestic violence charge in Mississippi or Texas. An experienced attorney can review and investigate your case and advise you on all the options you may have from entering a plea agreement to going to trial. Reach out to Wilson Law Firm today for a free consultation.
If you have been wrongly charged with a crime, Wilson Law Firm will go to trial to fight for you! No matter the case or whether a felony or misdemeanor, we will defend you in either state or federal courts. We have the expertise and skill set needed to go to trial and aggressively defend you to whatever extent is necessary. Wilson Law Firm is committed to providing the best legal service on the Mississippi Gulf Coast and Texas. Contact us now for a free consultation at 228-436-6391.