DIAMONDHEAD MUNICIPAL COURT 

Diamondhead Municipal Court 

The Diamondhead Municipal Court is located at 5000 Diamondhead Circle, Diamondhead, Mississippi. All court sessions begin at 9:00 a.m. In Municipal Court, the first appearance is known as an arraignment. When an individual’s name is called, he or she will enter a plea of guilty or not guilty. A guilty plea means the individual waives his or her right to a trial and a not guilty plea indicates the charges are being contested and a trial will be held, usually within 30-60 days. The Hancock County Sheriff’s Department can make arrests within the city limits as well, as can the Mississippi Highway Patrol, and, of course, the Diamondhead Police Department.

Felonies and Misdemeanors 

The primary difference between a felony offense and a misdemeanor offense are the penalties involved. Felony offenses are usually violent offenses—but not always. Embezzlement and computer crimes can be felonies in the state of Mississippi, and both these crimes are considered white collar crimes. More often, however, a felony offense is one of the following: murder, arson, burglary, rape, manslaughter, aggravated assault and aggravated domestic violence.

In the state of Mississippi, a felony conviction will result in incarceration for a minimum of one year, and a maximum of life in prison, except in the case of a capital felony. A capital felony includes treason, hijacking an airplane and capital murder. Capital murder is a murder in which at least one aggravated circumstance is present, and no mitigating circumstances are present. Aggravated circumstances include:

• The defendant has a conviction for a prior capital offense or violent felony. 
• The defendant created a significant risk of death to a number of people. 
• The defendant was already imprisoned when the murder occurred. 
• The defendant committed the murder as a means of avoiding a lawful arrest, escaping from custody, hindering lawful government functions, influencing policy by coercion or assassination or for money or other personal gain. 
• The defendant committed the murder while engaged in, an accomplice to, or while attempting or fleeing a sexual assault, rape of a child under 12, robbery, rape, non-consensual sodomy, arson, burglary, kidnapping, hijacking, the unlawful detonation of a bomb or child abuse. 
• The defendant committed a murder which was particularly cruel, atrocious or heinous. 

Mitigating circumstances include:

• The defendant had no prior criminal activity. 
• The defendant was under extreme duress or domination from another person. 
• The defendant was either mentally or emotionally disturbed. 
• The defendant was an accomplice in the capital offense committed by another person, having minor participation. 
• The defendant was very young at the time of the crime. 
• The victim either consented to the defendant’s conduct or participated in the conduct. 
• The defendant lacked the ability to appreciate the criminality of his or her conduct. 

Misdemeanors are also serious, however are less serious than felony criminal offenses. There are instances when a misdemeanor offense can be bumped up to a felony offense when aggravating factors are present. For example, a simple assault is typically a misdemeanor. However, if the simple assault is perpetrated upon a person in a protected category, such as a peace officer, the misdemeanor could be charged as a felony. Misdemeanor criminal offenses have a maximum sentence of up to a year in jail and fines as large as $1,000. Some examples of a misdemeanor offense in the state of Mississippi include petty theft, first-offense DUI, simple battery, carrying a concealed weapon, possession of less than 30 grams of marijuana and shoplifting less than $500. If you are charged with a felony or a misdemeanor criminal offense it is extremely important that you contact an experienced Mississippi criminal defense attorney as quickly as possible.