Public intoxication, also known as “public drunk” or “drunk in public” is an interesting topic. The main point of interest is how the law defines public. According to Miss. Code Ann. § 97-29-47 “If any person shall profanely swear or curse, or use vulgar and indecent language, or be drunk in any public place, in the presence of two (2) or more persons, he shall, on conviction thereof, be fined not more than one hundred dollars ($ 100.00) or be imprisoned in the county jail not more than thirty (30) days or both.”
The main takeaway here is that to be considered drunk in public you must be in the presence of two (2) or more persons. The question that often comes up is does the arresting officer count as one of the persons. Sadly, yes he does.
We will follow up on this post with a discussion of the “public” part of the statute.
We have discussed Simple Assault in previous posts, including our last post which discusses the victim being pregnant as an aggravating factor, this post warns of the consequences of assaulting a law enforcement officer.
Just as the type of acts which would normally constitute a simple assault, a misdemeanor, can be lead to more serious ramifications if the victim is pregnant, the same is true if the victim is a law enforcement officer. While Simple Assault carries a punishment of up to six (6) months in jail and a $500.00 fine, if the assault is against a law enforcement officer then it is raised to a felony. As a felony the punishment could include up to five (5) years in a penitentiary and a $1,000.00 fine.
As you can see, in the event you find yourself in a situation involving a law enforcement officer, it is vitally important that you remain calm and do not take any actions which could be construed as aggressive towards the officer.
Haymans and Company, PLLC welcomes back current Ole Miss students and extends a first welcome to the incoming freshman class and transfer students. We know that you will enjoy your time at Ole Miss and in Oxford as much as we do.
While we know that you will enjoy the Square celebrating Ole Miss victories or just pleasant fall weather, we ask that you do so in a safe and responsible manner. However, in the event you find yourself facing legal issues or criminal charges (which does happen from time to time), we want you to know that the attorneys and staff at Haymans and Company, LLC are here to assist you.
We are prepared to represent you against a number of criminal charges, including:
DUI (Driving under the influence of alcohol and/or drugs)
Minor in Possession
Destruction of Property
Game and Fishing Violations
We understand facing criminal charges can be intimidating and highly stressful. Dealing with criminal charges on your own can be frustrating and usually leads to an outcome that is not best for you. Our attorneys are dedicated to helping people facing all types of criminal charges get fair treatment and the best outcome available to them.
Whether you have been charged with a misdemeanor or a felony, our attorneys understand the lifelong consequences that a criminal conviction can have. Including a negative impact on your ability to find employment, housing, and even obtain a secondary education.
Our attorneys have the staff and resources to handle all types of criminal matters from misdemeanors to felonies. We have the manpower, including our own investigators, to thoroughly research the facts surrounding your case and to find the weaknesses in the case being presented against you.
Of course, many criminal cases are handled outside the courtroom. At times reaching a resolution to your case prior to trial is your best option. If this is the most likely way to obtain a positive result in your case, the criminal defense attorneys at Haymans and Company, PLLC will use all available avenues and information in order to obtain a satisfactory plea. Our attorneys will be strong advocates for you during these negotiations.
Our attorneys are prepared to defend you against a wide variety of criminal charges, including:
DUI (Driving under the influence of alcohol and/or drugs)
Minor in possession
Destruction of property
Game and fishing violations
As has been discussed in previous posts, “simple assault” is a misdemeanor resulting from a person: knowingly or recklessly causing bodily injury to another, negligently causing bodily injury to another with a weapon, or even threatening a person in such a manor that they fear serious bodily harm. The injuries in simple assault cases are generally not particularly serious, but can still leave you with a conviction on your record and facing penalties such as: up to 6 months in jail and a fine up to $500.00, or both.
While the above listed actions can lead to you being charged with misdemeanor simple assault, if the facts change slightly, you can find yourself facing felony charges even when your actions have not changed. In the event you engage in actions which would be considered simple assault, but the victim is an elected official, law enforcement, emergency medical personnel, a social worker, or a teacher then your actions can be upgraded from a misdemeanor to a felony.
While having a conviction or plea of guilty expunged from your record is one of the great second chances provided by our criminal justice system, it is not always an available option. In Mississippi not only are misdemeanors eligible to be expunged, but some felonies are as well. However, there is a very limited number of felonies which may be expunged, they include: shoplifting, larceny, possession of controlled substances, malicious mischief, bad check offenses, and false pretenses. Some DUI offenses can also be expunged.
In Mississippi if you are convicted of or plead guilty to a misdemeanor there is a good chance you will have the opportunity to have that conviction expunged from your record. Having a conviction expunged from your record is essentially a reset button, it gives you the opportunity to truthfully state, on a job application, that you do not have a criminal record. As you can imagine this will benefit you for the rest of your life and open doors which would otherwise remained closed due to having a conviction on your record.
In its most simple terms an expungement is the process by which certain convictions, guilty pleas, arrests, and records can be effectively erased and/or be hidden from the public. Having your record expunged allows you to truthfully and legally to state that you have no criminal record on most applications.