Protecting The Accused Against Serious Charges
Consider The Consequences
Domestic violence charges are extremely serious. If you are convicted, you could lose your right to bear arms and face jail time and sizeable fines. Plus, a domestic violence conviction could permanently tarnish your reputation and make it difficult to keep or obtain employment. That’s why it’s so important to hire an experienced Tupelo domestic violence attorney.
Since 1997, my firm, Robert W. Davis, Jr., Attorney at Law, has helped individuals in Tupelo, Mississippi, and surrounding areas fight domestic violence and spousal abuse charges. I am a zealous advocate for clients who have been wrongfully accused or who have been bullied into pleading guilty for a crime they didn’t commit.
What Is Domestic Abuse?
Domestic violence can involve physical abuse, threats, intimidation tactics and other types of violent behavior between spouses, ex-spouses, couples living in the same home, parents and dating partners. Both men and women can be convicted of domestic violence. These charges are taken very seriously by the Mississippi court system. You don’t want to fight domestic assault charges without a skilled lawyer by your side.
How My Firm Can Protect You
Because every domestic violence case is unique, I will complete a thorough assessment of your police records and any evidence, recommending legal solutions tailored to your situation. I am skilled in identifying weaknesses in the case against you and I will use those to your advantage while attempting to have your charges reduced or dismissed. I have years of experience negotiating with prosecutors and, when it is in my client’s best interests, I am skilled at making deals. When litigation is your best option, I will skillfully and aggressively defend you in the courtroom.
Frequently Asked Questions About Domestic Violence Charges In Mississippi
A domestic violence arrest can leave you with urgent questions about your future. You can find answers to some of them in the following section:
Am I Facing Misdemeanor Or Felony Charges?
It depends on the accusation and your record. Under Mississippi Code § 97-3-7, a first charge of simple domestic violence is usually a misdemeanor that carries up to six months in county jail, a fine of up to $500 or both. The charge becomes a felony in two common situations:
- Aggravated conduct: Accusations involving strangulation, a deadly weapon or serious bodily injury
- Prior record: Two earlier domestic violence convictions within the last seven years
Aggravated domestic violence carries two to 20 years in prison, while a third simple offense brings five to 10 years. Because the charge level shapes every penalty you face, I look closely at whether the evidence supports how the state classified your case.
Will You File A Motion To Suppress Or Exclude Evidence?
If the facts support one, yes. A motion to suppress asks the court to keep out evidence that police obtained unlawfully, such as items found during an illegal search of your home or statements taken without proper Miranda warnings. I can also object to certain statements from an accuser who does not testify, since the Sixth Amendment gives you the right to confront the witnesses against you. Whether a motion makes sense depends on how officers handled your arrest, so I review the police reports and recordings for errors.
Can The Charges Be Dropped If The Accuser Wants To Drop Them?
Not by the accuser alone. Once police make an arrest, the state of Mississippi brings the case and only the prosecutor can decide to dismiss it. An accuser who no longer wants to proceed may share that wish with the prosecutor, which can influence the decision. Even so, prosecutors sometimes move forward using 911 calls, photos and officer testimony. A conviction can also affect child custody, since Mississippi law presumes against awarding custody to a parent with a history of family violence.
Don’t Wait To Defend Yourself
A domestic violence conviction could result in serious penalties. Count on my law firm, Robert W. Davis, Jr., Attorney at Law, for thorough and aggressive representation. Contact me, or call 662-269-4454 to schedule a free initial consultation.