A young man is standing on a platform waiting for a train with his new mobile phone in his hands, when another young man runs towards him, snatches his phone, bolts quickly away and disappears out of the station and out of sight. A robbery has just taken place. Show
The criminal defense team at Taylor Jones Taylor has a thorough knowledge of the criminal justice system. With more than 50 years of experience, the firm’s highly skilled legal team has represented countless individuals in circumstances just like yours in courtrooms throughout Mississippi. The criminal defense lawyers of Taylor Jones Taylor do not hesitate to take on tough cases where your future may be at risk. The difference between burglary, robbery and armed robberyBurglary is the unlawful breaking and entering of a dwelling or other building with the intent to commit a crime. You can make entry to the building without stealing anything and still be charged with burglary. According to the Mississippi code, robbery is the felonious taking of the personal property of another in his presence or from his person against his or her will by force, violence or intimidation causing the person to be in fear of immediate injury. In layman’s terms, burglary is a crime against property; robbery is a crime against another person. For this reason, robbery is a more serious charge. If, in the example above of the man stealing a phone, the assailant had wielded a gun or a knife and threatened the victim if he did not give up his phone, then it would be considered armed robbery. In Mississippi, an armed robbery conviction can mean life in prison without the possibility of parole. The importance of choosing the right lawyerWhen you have been charged with a violent crime with consequences as serious as those of robbery or armed robbery, your choice of lawyer will make all the difference in your prospects for the future. You are staring down the possibility of a life sentence in prison. The attorneys at Taylor Jones Taylor have a proven record in Southaven, Hernando, Olive Branch and throughout Mississippi. The firm has built a strong reputation in the community as fierce litigators who will not simply accept a plea bargain. When you work with Taylor Jones Taylor, you work with a team of skilled criminal defense lawyers who know how to fight for your future. Your advocate when you are charged with robbery MississippiTaylor Jones Taylor has successfully represented clients facing robbery or armed robbery charges throughout Mississippi. Please call 662-342-1300 or fill out this contact form to make an appointment at the Southaven, Hernando or Olive Branch office, or to request an in-custody consultation. How can we make your life better today?
Under Mississippi law, any crime that may be punished by death or incarceration in state prison is considered a felony. (Miss. Code § 1-3-11 (2020).) Penalties for Felonies in MississippiUnlike many states, Mississippi doesn't have different classes or categories of felonies. Instead, the state's criminal statutes spell out the possible penalties for each individual crime. If those penalties include time in state prison (in the custody of the Mississippi Department of Corrections), the crime is a felony, whether or not the statute describes it as such. Examples of felonies (and the penalties) in Mississippi include:
(Miss. Code §§ 41-29-115, 41-29-139(c)(1)(B), 97-3-7, 97-3-21, 97-3-75, 97-3-107, 97-17-23, 97-17-41, 97-23-107 (2020).) What If a Crime Is Punishable in State Prison or County Jail?Some criminal statutes in Louisiana provide for possible sentences in county jail or state prison. For example:
(Miss. Code §§ 97-3-7, 97-3-25 (2020).) Generally, crimes that are punishable by time in county jail and/or a fine are considered misdemeanors in Mississippi. However, the Mississippi Supreme Court has held that whenever a court or jury has the option of sentencing a convicted defendant to jail or prison, the crime is considered a felony regardless of the actual sentence. That means any crimes with a maximum possible punishment in state prison are felonies, even if a convicted defendant is sentenced to county jail under the lesser alternative punishment. (Anthony v. State, 349 So.2d 1066 (Miss. 1977).) Statute of Limitations: When Can Authorities Bring Felony Charges in Mississippi?Generally, there's a time limit (referred to as the "statute of limitations") for bringing criminal charges; the time period usually starts when the alleged crime took place. The standard criminal statute of limitations in Mississippi is two years. However, the state exempts a long list of felonies—including murder, manslaughter, aggravated assault, burglary, robbery, rape, kidnapping, child abuse, and larceny—which means prosecutors may bring charges for these crimes at any time. A few other crimes, such as felony abuse of a vulnerable person or assistance-program fraud, have five- or six-year limits. (Miss. Code § 99-1-5 (2020).) Beyond Sentencing: Other Consequences of Felony ConvictionsA felony conviction becomes part of your permanent criminal record. Prior felony convictions could mean harsher sentences for new crimes. Being a convicted felon can also hurt you when you are looking for a job and applying to rent a house or apartment. And the Mississippi Constitution permanently strips the right to vote from people previously convicted of a number of crimes, including murder, rape, forgery, and theft—a list that has been expanded by the state's attorney general (Miss. Const. art. 12, § 240). Because of these serious long-term consequences of a conviction, it's especially critical that you speak with a criminal defense lawyer as soon as possible if you're facing felony charges. An experienced attorney can determine whether you have any grounds for dismissal of the charges, explore plea options and negotiate a favorable plea bargain (which could include pleading guilty to lesser charges), and represent you at trial if it comes to that. Only someone familiar with the local criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights.
MS Code § 97-3-79 (2013) What's This? Every person who shall feloniously take or attempt to take from the person or from the presence the personal property of another and against his will by violence to his person or by putting such person in fear of immediate injury to his person by the exhibition of a deadly weapon shall be guilty of robbery and, upon conviction, shall be imprisoned for life in the state penitentiary if the penalty is so fixed by the jury; and in cases where the jury fails to fix the penalty at imprisonment for life in the state penitentiary the court shall fix the penalty at imprisonment in the state penitentiary for any term not less than three (3) years. Disclaimer: These codes may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Every person who shall feloniously take or attempt to take from the person or from the presence the personal property of another and against his will by violence to his person or by putting such person in fear of immediate injury to his person by the exhibition of a deadly weapon shall be guilty of robbery and, upon conviction, shall be imprisoned for life in the state penitentiary if the penalty is so fixed by the jury; and in cases where the jury fails to fix the penalty at imprisonment for life in the state penitentiary the court shall fix the penalty at imprisonment in the state penitentiary for any term not less than three (3) years.
Cite this article: FindLaw.com - Mississippi Code Title 97. Crimes § 97-3-79. Robbery using deadly weapon; punishment - last updated January 01, 2018 | https://codes.findlaw.com/ms/title-97-crimes/ms-code-sect-97-3-79.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. |