Legal Question in Criminal Law in Mississippi

I am being charged with simple assault. i did not touch the plantiff at all. she has accused me of stabbing her with an unknown object. her claims are false. i have a affidavit from my ex boyfriend who was involved, stating that i never touched or stabbed the plantiff at all. also, this occured at a casino inwhich i've spoken to the manager of security who was on the screen, he states that he did not file a incident report because all parties left unharmed. but he will not provide a written statement. what do i do, i need something from the casino stating that no one was injured on the property?


Asked on 9/03/09, 12:02 pm

1 Answer from Attorneys
Wayne Woodall Wayne Woodall Attorney

Competent counsel should be retained AT ONCE so that he can obtain a copy of the video security tapes before the Casino erases the tape or worse, destroys the tape due to "old age" because generally these security tapes are only retained for about 3-6 months and not much longer. A subpoena to the Casino by your Attorney can force production of the evidence which would be favorable if your statements are accurate and you never touched the alleged victim. On the other hand, if the "victim" was in fact "stabbed" it is unlikely this would be a "simple assault" charge, but it ordinarily would be prosecuted as a charge of "Aggravated Assault" which carries a potential long term prison sentence as punishment. The sentence can be 20 years or sometimes longer depending on how many prior offenses you have before the date of this offense.

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Answered on 9/15/09, 9:24 pm


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