Domestic Violence Charge for Kicking a Door

My question involves criminal law for the state of: Mississippi
I'm charged with domestic violence and disturbing the peace. All stemming from a night when I was drunk and mad at my wife's family member that lives with us. He was mouthing off and walked into his room and closed the door, in a rage I kicked the door and insisted that he heard me out. After saying what I had to say I went to bed. Only to be awakened by police and arrested and booked. Now I'm not able to go home because of order of protection against me. I cannot afford the high cost of attorney fees, I cannot get a PD because I bonded out( mycousin posted bond it was $175.00). I'm thinking about just pleading guilty but I'm not sure if I would be facing consequences that are severely harsh. Should I plead guilty?

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Quoting Mr.Wrong

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Should I plead guilty?

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And have a criminal record follow you around for the rest of your life?

Sorry, but that's a decision only you can make.

I suggest you don't make it without the advice of an attorney.

See if you can find one who will give you a free consultation and maybe work out a payment plan.

Oh, and get some help for your alcohol addiction or this kind of thing will keep happening to you. The more you booze it up the stupider you become.

I guess I'm more concerned with jail time, I would hate to be doing time for something so stupid. I'm now an AA member.

Presumably you know what you are being charged with, statute number and all that and can google the penalty and see if jail time is involved.

Chances are that it's just a misdemeanor and you might be eligible for deferred adjudication or something like it where you do fines and probation and don't get a conviction on your record.

I'm just guessing.

Do what you can to get advice from an attorney. Check local legal aid and see if you are eligible for free help or maybe somebody at your AA group can refer you to free or low cost legal services.

Wow, kicking a door is domestic violence? If yes, then I've got a relative who would be sentenced to over 100 years in jail (given how many times this relative has kicked the door in anger). :)

It's a misdemeanor for sure and the lawyer that I have was with me in court on my last appearance I just asked a lawyer that I saw there to represent me, he went into court with me and we sat with the DA who said he doesn't see why the officer wrote it up as domestic violence. They both were like that makes no sense so it's probably going to be reduced to the lesser charge. After meeting with the attorney the next day the price he quoted me was high and right now I simply don't have it,after having to rent an apartment and all. The court date is next week and I'm not sure what to do. Thanks for your reply by the way.

I would tend to disagree and say you have a right to kick in your own door. I don't see domestic violence either unless they are considering it menacing.

I suspect that the domestic violence charge is predicated upon the fear you create when kicking somebody's door in, the question becoming whether the circumstances justify the person to being deemed to be "similarly situated" to the enumerated relations:

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Quoting Mississippi Code, Sec 97-3-7(3)(a)

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(3) (a) A person is guilty of simple domestic violence who:

(i) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another;

(ii) Negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or

(iii) Attempts by physical menace to put another in fear of imminent serious bodily harm when the offense is committed against a current or former spouse of the defendant or a child of that person, a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person who has a current or former dating relationship with the defendant, or a person with whom the defendant has had a biological or legally adopted child.

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If the person is not sufficiently related to justify a domestic violence charge, there's a similar provision for simple assault:

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Quoting Mississippi Code, Sec 97-3-7(1)(a)

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(1) (a) A person is guilty of simple assault if he (i) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; (ii) negligently causes bodily injury to another with a deadly weapon or other means likely to produce death or serious bodily harm; or (iii) attempts by physical menace to put another in fear of imminent serious bodily harm; and, upon conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($ 500.00) or by imprisonment in the county jail for not more than six (6) months, or both.

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There are significant potential consequences to a domestic violence charge that don't automatically flow from a conviction to simple assault. On the other hand, sometimes you can get a deferred disposition for a domestic violence charge when it would not be available for a simple assault.

Just to get this out there, I am not fluent with Mississippi Law or Court procedure.

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Quoting Mississippi Code § 93-21-3. Definitions.

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(a) "Abuse" means the occurrence of one or more of the following acts between spouses, former spouses, persons living as spouses or who formerly lived as spouses, persons having a child or children in common, other individuals related by consanguinity or affinity who reside together or who formerly resided together or between individuals who have a current or former dating relationship:
- See more at: http://statutes.laws.com/mississippi....pUU6aPaI.dpuf

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Now there is typically a Definitions Section per Chapter/Title of State Code. I could not easily find one under the Crimes section however the above quote is from the Chapter 21 - Protection from Domestic Abuse which should mirror the definitions for the Domestic Violence Offenses. Both sections include relations by consanguinity or affinity which to me means by blood or by marriage.

Seeing as you are related by marriage, and you co-habit with this individual I would say the Domestic Charge is valid as I can also understand someone feeling threatened by having an angry intoxicated person kick their door in.

Most states will not allow a deferral for a Domestic Violence charge simply based on the fact it is a Domestic Violence charge. Furthermore even if the charge is plead to a simple assault, should you be arrested again in the future for another Domestic related crime you likely would be looking at a 2nd offense charge. At least that is how I have seen most States function.

These are questions you really need to discuss with an attorney.

The provisions of Title 93 (Domestic Relations) of the Mississippi Code have absolutely no bearing on the interpretation of battery offenses as defined in Title 97 (Crimes). The definition of the relationship that could fall under the abuse provision of the domestic relations will neither broaden nor narrow the language used in the criminal code. It's also incorrect that "Most states will not allow a deferral for a Domestic Violence charge" -- in fact, many states have deferral programs specifically for first offense domestic violence charges.

Mississippi judges have broad discretion to issue suspended sentences in misdemeanor cases under Mississippi Code, Sec. 99-19-25, and the domestic violence statute clearly anticipates that suspended sentences may be deemed appropriate:

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Quoting Mississippi Code, Sec. 97-3-7

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(6) Every conviction of domestic violence may require as a condition of any suspended sentence that the defendant participate in counseling or treatment to bring about the cessation of domestic abuse. The defendant may be required to pay all or part of the cost of the counseling or treatment, in the discretion of the court.

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I would not plead guilty. Make them prove their case in court.

Did you merely kick the door and ramble on saying your peace from the other side of the door....or....did you kick the door OPEN and step into the room for the purpose of confronting the individual whom you wanted to give a piece of your mind? If the first, I'm not seeing domestic violence. If the second, yep, if you committed an act of violence to gain access to the person, any reasonable person would be in fear of you, and that's gonna get you a pair of locking bracelets every time. (Sometimes it pays to have strong doors in your home if you can't hold your temper or your alcohol.)

Mr.K perhaps I am not understanding your definition of Deferral.
A suspended sentence will still carry a conviction. A deferred sentence would see the charge dismissed once the Defendant completes the terms the court has imposed.

I didn't go in just said what I wanted then went to bed. I'm not interested in fighting the charges in a trial. Just wondering about possible sentence and outcome. Basically I'm just trying to be done with it. I did it,but I'm trying to stay out of jail. Maybe my question should have been more about possible dispositions rather than whether or not it's considered domestic violence. I know that the maximum fine is $500 and the maximum jail time is 6months: would I be looking at the maximum penalties if I plead? The amount the lawyer wants is more than the maximum fine, do I really need one if I just plead guilty? Again it's the possibility of jail time that concerns me most.

You are foolish to plead guilty on such sketchy evidence. There is a burden to prove menacing during or after you kicked the door in before they can find you guilty.

That makes sense.

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Quoting Mephis

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Mr.K perhaps I am not understanding your definition of Deferral.
A suspended sentence will still carry a conviction. A deferred sentence would see the charge dismissed once the Defendant completes the terms the court has imposed.

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The manner in which a suspended sentence works can vary significantly by court and jurisdiction. It can mean, for example, that a guilty plea is taken but held in abeyance or that a conviction is recorded but not entered. The term "defer" means "put off (an action or event) to a later time; postpone". A suspended sentence necessarily involves the deferral of some portion of the sentence.

None of that changes the fact that your statement about deferrals was incorrect.

It's their job to get a conviction,if you said nothing to the cops then maybe you can get the case dropped. Why make it easier on them and hardier for you? Also if you plead not guilty then you are probably gonna be offered a plea bargain,maybe to a reduce charge like disorderly conduct. The reduced charge would have less of a fine and probably less restrictions also. With a domestic violence conviction you will most likely have anger management classes and maybe be on formal probation. All those things can add up to more money and a domestic violence conviction looks really bad . In the future you might regret that you just plead guilty to get it out of the way.

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Quoting Disagreeable

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You are foolish to plead guilty on such sketchy evidence. There is a burden to prove menacing during or after you kicked the door in before they can find you guilty.

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Exactly if you did not confess to anything,it just he said/she said and no direct proof. I would really talk to a lawyer and see what the chances are that the case can be dismissed.