Misdemeanor Defense
Misdemeanor charges are often described as minor offenses, but there is nothing minor about a conviction that goes on your permanent record. A misdemeanor can affect your ability to get a job, rent an apartment, obtain a professional license, or gain admission to a university. In Oxford, where so many residents are Ole Miss students, faculty, or staff, the collateral consequences of even a low-level conviction can be severe.
At Tollison & Webb P.A., we take misdemeanor cases seriously because the stakes are serious. We represent clients facing misdemeanor charges in Oxford Municipal Court, Lafayette County Justice Court, and at courts all over Mississippi, and we fight for dismissals, reduced charges, and outcomes that protect your future.
What Is a Misdemeanor in Mississippi?
In Mississippi, a misdemeanor is any criminal offense punishable by up to one year in the county jail and/or a fine. Misdemeanors are distinguished from felonies, which carry sentences of more than one year in state prison. While misdemeanors are less severe than felonies in terms of potential punishment, a conviction is still a criminal conviction. It goes on your record, it shows up on background checks, and it can follow you for years.
Misdemeanor cases are typically handled in Justice Court or Municipal Court, with a right to appeal to Circuit or County Court. The process moves quickly, and having an attorney involved from the beginning makes a significant difference in the available outcomes.
Misdemeanor Charges We Handle
We defend clients facing a broad range of misdemeanor charges in Oxford, Lafayette County, and Mississippi including:
Simple Assault and Disorderly Conduct
Altercations at bars, sporting events, and domestic situations frequently result in simple assault or disorderly conduct charges. These cases often turn on credibility and witness accounts, and the facts are frequently more complicated than the initial charge suggests. We examine what actually happened, challenge witness accounts, and identify applicable defenses including self-defense.
Minor in Possession (MIP)
Oxford’s college-town environment means MIP charges are common. For Ole Miss students, the consequences of an MIP conviction extend well beyond the fine. It can trigger university disciplinary action, affect financial aid, and create issues with professional school applications and background checks. We work to minimize or eliminate those consequences, often through dismissal or diversion programs.
Public Intoxication
Being charged with public intoxication does not require driving. Simply being intoxicated in a public place can result in a charge. These cases are highly fact-dependent and often defensible. We examine whether the officer’s observations actually met the legal standard and whether there are grounds for dismissal.
Fake ID / Possession of Fraudulent ID
Using or possessing a fake ID is a misdemeanor in Mississippi and is taken seriously by both law enforcement and the University of Mississippi. A conviction creates a criminal record and can trigger university disciplinary proceedings. We work to protect our clients’ records and academic standing through early intervention and negotiation.
Petty Theft and Shoplifting
Theft charges, even for small amounts, create a record that can be particularly damaging in employment background checks. Many employers view any theft conviction as disqualifying. We examine the evidence, challenge identification and intent where applicable, and pursue outcomes that protect your ability to work.
Trespassing
Trespassing charges often arise from situations that are far more ambiguous than the charge implies. We examine the circumstances of the alleged trespass, whether proper notice was given, and whether the facts actually support the charge.
Drug Paraphernalia
Possession of drug paraphernalia is a misdemeanor in Mississippi and is frequently charged alongside or instead of drug possession charges. We examine the circumstances of the search and whether there are grounds to challenge the evidence.
Traffic Misdemeanors
Reckless driving, driving with a suspended license, and certain other traffic offenses are misdemeanors in Mississippi and carry consequences beyond points on your license. We defend clients against traffic misdemeanor charges and work to minimize the impact on your driving record and insurance rates.
The Real Consequences of a Misdemeanor Conviction
People often underestimate what a misdemeanor conviction actually means. Beyond the fine or potential jail time, a conviction creates a permanent criminal record that can affect:
- Employment: most employers run background checks, and many will not hire applicants with criminal records
- Professional licensing: law, medicine, nursing, teaching, and many other licensed professions require disclosure of criminal convictions and may deny or revoke licenses
- University admissions and financial aid: many universities ask about criminal history, and a conviction can affect admission decisions and federal financial aid eligibility
- Housing: landlords routinely run background checks and can deny rental applications based on criminal history
- Military service: a criminal record can disqualify you from enlistment or officer candidacy
- Immigration status: for non-citizens, even a misdemeanor conviction can have serious immigration consequences
This is why we treat every misdemeanor case as if the stakes are high, because for our clients, they are.
Misdemeanor Defense for Ole Miss Students and Faculty
Oxford’s identity is inseparable from the University of Mississippi, and a significant portion of our misdemeanor clients are students, graduate students, faculty, or university staff. For this community, the academic and professional consequences of a criminal charge can be as serious as the legal ones.
University disciplinary proceedings often run parallel to and independently of criminal court proceedings. A charge, not just a conviction, can trigger a conduct review. We advise our university clients on both tracks simultaneously, coordinating their legal defense with an understanding of how the university process works and what it means for their academic standing, housing, scholarships, and future.
Common charges we handle for the university community include MIP, public intoxication, fake ID, simple assault, and disorderly conduct. We approach these cases with an understanding of the full picture, not just what happens in court.
Frequently Asked Questions
Do I need a lawyer for a misdemeanor charge?
Yes, especially if you care about your record. Public defenders are available for those who cannot afford private counsel, but they carry extremely high caseloads and have limited time for individual cases. A private attorney can give your case the attention it deserves, examining the evidence, negotiating with prosecutors, and pursuing outcomes like dismissal or diversion that a busy public defender may not have time to pursue aggressively.
What happens if I just pay the fine?
Paying the fine is treated as a guilty plea and results in a conviction on your record. For many people, paying the fine seems like the easy way out, but it permanently closes the door on fighting the charge and creates a record that can affect you for years. Before paying any fine, speak with an attorney about whether there are better options.
What is a diversion program?
Mississippi courts offer diversion programs for certain first-time offenders. These programs typically require community service, classes, or other conditions in exchange for dismissal of the charges upon completion. Not all charges or defendants qualify, but when diversion is available it is often the best outcome. You avoid a conviction and may be eligible for expungement of the arrest record. We evaluate every client for diversion eligibility.
Can a misdemeanor be expunged in Mississippi?
Yes, in many cases. Mississippi law allows expungement of certain misdemeanor convictions, which removes the record from public view so it will not appear on most background checks. After an expungement, you are generally not required to disclose the conviction.
Eligibility depends on the nature of the offense, whether it was a first conviction, and whether sufficient time has passed. First-offense misdemeanor convictions other than traffic violations are generally eligible, and some additional misdemeanor convictions may also qualify.
If a conviction cannot be expunged, a charge that was dismissed or resulted in acquittal is generally eligible for expungement immediately. This is one reason why fighting the charge rather than simply accepting a plea can have lasting value even for seemingly minor offenses. We evaluate every client’s record for expungement eligibility and guide those who qualify through the process.
Can a misdemeanor affect my financial aid?
Certain drug-related convictions can affect federal financial aid eligibility under the Higher Education Act. Other misdemeanor convictions do not directly affect federal aid eligibility, but they can affect university-specific scholarships and merit aid governed by the university’s own policies. We advise our student clients on the specific implications for their financial aid situation.
Speak With a Misdemeanor Defense Attorney in Oxford Today
If you have been charged with a misdemeanor in Oxford, Lafayette County, or anywhere in North Mississippi, contact Tollison & Webb P.A. before you appear in court or pay any fines. The earlier we get involved, the more options we have.
Call us at (662) 234-7070 or contact us online to schedule a free, confidential consultation.