Domestic Violence in Hernando, Mississippi
If you are charged with simple assault or domestic violence in Hernando, MS, it is imperative that you not take these charges lightly. Far too many people don’t take their simple assault charges seriously enough, and find themselves wondering why they did not talk to an attorney—from behind bars. The penalties for simple assault and domestic violence can be severe, particularly if the assault or act of domestic violence was against a group of “special” victims or a pregnant woman.
This can change a simple assault misdemeanor charge to a felony charge, with much more severe penalties. In the state of Mississippi, simple assault occurs when one person attempts to physically injure another person, when one person intentionally or recklessly injures another, when one person negligently causes bodily injury to another with a deadly weapon, or when one person threatens another, causing that person to fear he or she is about to suffer serious physical injury.
When Hernando, MS Simple Assault Becomes Domestic Violence
When a person commits the act of simple assault against specific people, the offense is known as domestic violence. These people include:
- The child of a former spouse, a current spouse or a person living with the accused
- A current or former spouse or a person with whom the accused either has a dating or romantic relationship or had a dating or romantic relationship
- A family member who either currently lives or previously lived with the accused
- Any person with whom the accused has a child
When the offense of simple assault or domestic violence is committed against a pregnant woman, and she suffers a miscarriage or stillbirth or the fetus or embryo is harmed, the penalties for simple assault or domestic violence increase exponentially. (This is true only when the accused was aware the woman was pregnant).
Consequences of a Conviction for Simple Assault/Domestic Violence
If convicted of simple assault or domestic violence, you could face up to six months in jail, a fine up to $500, or both. If you are facing a third or subsequent conviction for simple assault or domestic violence within a period of five years, the misdemeanor charge becomes a felony, and is punishable by a minimum of five years in prison and a maximum of ten. You could also be required to pay restitution up to $5,000 as a means of reimbursing the victim for expenses resulting from the crime. This could include expenses for medical treatments, expenses for counseling, or expenses related to repair or replacement of damaged property.
It is extremely important that you have an experienced attorney by your side as soon as you are charged with Hernando, MS simple assault or domestic violence. An attorney from The Stroud Law Firm can ask that the court impose remand or a suspended sentence in your cause, meaning you could be held under certain conditions of the court such as probation, community service, counseling or other treatments, but you would not have to go to jail. At the end of your remand period, if you have fully satisfied all the requirements of the court, and you have had no further criminal charges, your case will be dismissed.
Be aware, however that your original arrest, as well as your dismissal, will be a part of your criminal record. Whether you receive remand, or you are sentenced to jail time, your criminal record will be available to any potential employer in the future. This means you could end up being denied a job you are otherwise well-qualified for. If you received remand or a suspended sentence for your charges of simple assault or domestic violence, ask your attorney about a possible expungement. If you are eligible for expungement, you might not have to live with the black cloud of a criminal record hanging over your head.
How The Stroud Law Firm Can Help
If you are facing charges of simple assault or domestic violence in Hernando, MS you could benefit from having an attorney from The Stroud Law Firm investigate the case, determining whether you were wrongfully charged or if there are other reasons your case should be dismissed prior to trial. If our attorneys are unable to secure a dismissal on your behalf, we will then attempt to negotiate a plea bargain with the prosecutor, and if that is unsuccessful, we will vigorously defend you at trial. Our attorneys will work hard to build a case for you, protecting your rights at the same time. Don’t face Hernando, MS criminal charges of simple assault or domestic violence on your own—call The Stroud Law Firm today at (662) 536-5656.