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MISSISSIPPI CRIMINAL LAW

Criminal law in Mississippi can be found the State's statutes and rules of procedure. Mississippi criminal statutes cover a wide variety of crimes and trial processes. The subsequent information contains a short overview of a selection of common topics in Mississippi criminal law. The information contained is not meant to replace a lawyer, and anyone with a specific question regarding Mississippi criminal law should contact a Mississippi criminal attorney.

Drug Possession Mississippi

A drug arrest in Mississippi is a serious offense that can carry long-term jail sentences and heavy fines depending on the type of drug, quantity of drug, and offense charged.

  1. Marijuana offenses in Mississippi include possession and sale.
    1. Possession of marijuana under 30 grams is a misdemeanor offense punishable by a fine up to $250.
    2. Possession charges over 30 grams can result in a jail sentence with maximum penalties ranging from 3 years to 30 years and fines ranging from $3,000 - $1,000,000 depending on the quantity of drugs possessed.
    3. Sale of marijuana is a felony that can result in jail time ranging from 3 - 30 years or up to life in prison for large quantities over 10 pounds. Fines range from $3,000 - $1,000,000.
  2. Narcotics offenses in Mississippi are also broken down into possession and sale charges. Possession of narcotics such as cocaine or heroin will likely result in a felony charge unless the amount is very small.
    1. Felony possession in Mississippi carries minimum jail sentences ranging from 1 - 10 years with maximum sentences from 4 - 30 depending on the quantity. Fines range from $1,000 to $1,000,000.
    2. Sale of narcotics will result in a felony charge and a jail sentence up to 30 years and fines ranging from $5,000 to $1,000,000.

Any drug offense in Mississippi carries significant penalties. If you or a loved one have been arrested and charged with a drug offense in Mississippi, contact a Mississippi criminal attorney.

Assault In Mississippi

Assault in Mississippi can either be simple or aggravated depending on the nature of the criminal act.

  • Simple assault in Mississippi occurs when a person attempts to cause or knowingly or recklessly causes bodily injury to another, negligently causes injury with a deadly weapon, or attempts to put another in fear of imminent bodily harm. Simple assault in Mississippi is a misdemeanor punishable by a fine up to $500 and 6 months in jail.
  • Aggravated assault in Mississippi arises when a person attempts to cause serious bodily injury to another, causes serious injury purposefully or recklessly, or attempts to cause or purposefully causes bodily injury with a deadly weapon. Aggravated assault is a felony punishably by 1-20 years in jail and affine up $5,000.

Simple or aggravated assault in Mississippi can carry harsher penalties if the victim falls into a special class such as police officer, child, court officer, or medical personnel. For information on a specific case of assault in Mississippi, contact a Mississippi criminal lawyer.

Mississippi Drunk Driving - DUI

Driving Under the Influence (DUI), is an offense in Mississippi that is serious and can result in expensive consequences for the defendant if convicted. A first time DUI conviction in Mississippi can lead to 48 hours in jail, fines up to $1,000, a license suspension of 90 days, and possible alcohol safety programs. Additionally, there are a handful of administrative fees and court costs the defendant will likely be forced to pay on top of the legal consequences. If arrested for a DUI in Mississippi, contact a Mississippi DUI attorney.

Right To A Jury Trial In Mississippi

Mississippi's constitution grants criminal defendants the right to a jury trial. Prosecutions for minor offense with the possibility of time spent in a county jail are handled by local courts, and in those cases a defendant facing fewer than 6 months in jail will not have a jury trial. For questions about whether or not a specific case will be tried by a jury, consult a Mississippi criminal attorney.

Trial Date In Mississippi

A defendant in Mississippi will be scheduled for trial no more than 270 days after they have been arraigned. A judge may grant a continuance if either party proves good cause for one before the trial begins. For questions about a trial date or a continuance, consult a Mississippi criminal attorney.

Sentence Review / Appeals In Mississippi

A defendant convicted of a crime in Mississippi has a right to appeal to a higher court in order to review the sentence or the conviction. A sentence or conviction may be overturned or reduced if an appeals court finds the sentence is unconstitutional or excessive, or errors made by the trial court that affected the verdict. Appeals require timely detail to legal procedures, and anyone seeking to appeal a judgment should contact a Mississippi criminal defense lawyer.

Mississippi Code

Relevant Mississippi Criminal Law

  1. Drug Possession in Mississippi
    1. Miss. Code tit. 41, ch. 29, § 41-29-139.
  2. Assault in Mississippi
    1. Miss. Code tit. 97, ch. 3, § 97-3-7.
  3. Mississippi Drunk Driving - DUI
    1. Miss. Code tit. 63, ch. 11, § 63-11-30.
  4. Right to Jury in Mississippi
    1. Miss. Code tit. 99, ch. 33, § 99-33-9.
  5. Trial Date in Mississippi
    1. Miss. Code tit. 99, ch. 17, § 99-17-1.
  6. Sentence Review / Appeals in Mississippi
    1. Miss. Code tit. 99, ch. 39, § 99-39-5.
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