Domestic Violence Charges in Mississippi

Assault against a current or former spouse, a person living or formerly living with the defendant as a spouse, a parent, grandparent, child or grandchild, a current or former dating partner, or a person who shares a child with the defendant is a separate offense. Simple domestic violence carries the same penalty as simple assault (up to $500 and/or six months in county jail) (§ 97-3-7(3)(a)); a third offense, with two prior qualifying convictions within seven years, is a felony punished by five to ten years (§ 97-3-7(3)(b)). Aggravated domestic violence, which includes strangling or attempting to strangle, is punished by two to 20 years in Department of Corrections custody (§ 97-3-7(4)(a)), and a fourth or later domestic violence offense by 15 to 20 years (§ 97-3-7(5)). Committing it in the presence of a child under 16 living in the home is an aggravating factor (§ 97-3-7(6)).

Mississippi's rule on court-appointed lawyers: An 'indigent' defendant is 'a person who is financially unable to employ counsel' (Rule 7.3(a)). A defendant who wants to proceed as indigent may complete an affidavit on the defendant's financial resources on a court-approved form, or be examined under oath by the judge (Rule 7.3(b)). In counties or municipalities that have a public defender, the public defender represents defendants entitled to appointed counsel; otherwise a private attorney is appointed (Rule 7.3(e)-(f)). Each circuit establishes local procedures for appointing counsel (Rule 7.2). Miss. R. Crim. P. 7.2, 7.3

Lawyers set their own fees, and Mississippi has rules on how they may charge. See hiring a criminal defense lawyer in Mississippi for fee rules, how to check a lawyer's license and free help.

How release before trial works in Mississippi: Under the Mississippi Rules of Criminal Procedure, a defendant charged with an offense bailable as a matter of right 'shall be released' on personal recognizance or an appearance bond unless the court finds release will not reasonably assure appearance or the defendant poses a real and present danger to others or the public; if so, the court shall impose the least onerous conditions that will reasonably assure appearance or minimize the risk (Rule 8.2(a)). The court considers listed factors, including age, family ties, criminal record, violence in the alleged offense, the nature of the offense and likely sentence, weapon used, threats against victims or witnesses, residence, employment and financial condition (Rule 8.2(a)(1)-(15)). Rule 8.2(c) sets bond guidelines courts may go above or below, e.g., capital felony $25,000 to no bail allowed; non-capital felonies punishable by up to 10 years $5,000 to $50,000; misdemeanors punishable by up to 6 months $250 to $1,000. A person arrested must be taken before a judge for an initial appearance without unnecessary delay and no later than forty-eight (48) hours after arrest (Rule 5.1). Miss. R. Crim. P. 5.1, 8.2 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Mississippi expungement and record sealing rules.