Criminal Defense Lawyers

Unraveling Mississippi’s Sentencing Guidelines for Wildlife Crimes

Unraveling Mississippi’s Sentencing Guidelines for Wildlife CrimesIf you’re facing wildlife crime charges in Mississippi, you’re probably wondering what kind of penalties you might be up against. Well, buckle up because we’re about to take a deep dive into the complex world of Mississippi’s sentencing guidelines for these types of offenses.First off, let’s talk about what exactly constitutes a wildlife crime in the Magnolia State. According to the Mississippi Department of Wildlife, Fisheries, and Parks, some common examples include:

• Hunting or fishing without a valid license
• Exceeding bag limits or possession limits for game animals or fish
• Hunting from a public road or right-of-way
• Spotlighting deer at night
• Selling or buying game fish or animals

The penalties for these crimes can vary widely depending on the specific offense, the offender’s criminal history, and other factors. But in general, most wildlife crimes are classified as misdemeanors punishable by fines and/or jail time.

Misdemeanor Wildlife Offenses

For a first offense misdemeanor wildlife crime, you’re looking at a fine of anywhere from $25 to $5,000 and/or up to 6 months in jail. But if you’re a repeat offender, watch out – those penalties can double.Some examples of misdemeanor wildlife offenses include:

• Hunting or fishing without a license (1st offense)
• Exceeding bag limits for small game
• Hunting from a public road
• Possessing undersized fish

But not all wildlife crimes are created equal. Some are considered more serious than others and carry heftier penalties as a result.

Felony Wildlife Offenses

Certain wildlife crimes are classified as felonies, which means they come with much steeper fines and longer potential prison sentences. These include offenses like:

• Spotlighting deer at night (3rd offense)
• Selling game fish or animals
• Hunting while under the influence of drugs or alcohol
• Illegally importing or exporting wildlife across state lines

For a felony wildlife conviction, you could be looking at fines of up to $10,000 and/or 5 years behind bars. Ouch.

Sentencing Enhancements

But wait, there’s more! Mississippi law also includes several sentencing enhancements that can bump up the penalties for certain wildlife crimes. For example:

• If you commit a wildlife offense while trespassing on private property, you can face an additional fine of up to $500 and/or 30 days in jail on top of any other penalties.
• If you’re caught spotlighting deer at night with a weapon in your possession, that’s an automatic felony offense – even if it’s your first time.
• Hunting turkeys over bait is a misdemeanor, but doing it on someone else’s land without permission is a felony.

As one Reddit user put it, “In Mississippi, don’t mess with another man’s turkey.”

Losing Hunting & Fishing Privileges

In addition to fines and jail time, a wildlife conviction can also cost you your hunting and fishing privileges – not just in Mississippi, but in other states too. That’s because Mississippi is a member of the Interstate Wildlife Violator Compact, an agreement between 48 states to honor each other’s license suspensions and revocations.So if you get hit with a hunting or fishing license suspension in Mississippi, that suspension will likely be upheld by any other Compact member states. The length of the suspension can vary, but for some serious offenses, you could lose your privileges for several years or even permanently.According to this Quora thread, a Mississippi game warden once said: “You can replace your truck or your gun, but you can’t replace your hunting rights once they’re gone.”

Other Potential Consequences

Losing your hunting and fishing privileges is just one of the collateral consequences you might face for a wildlife conviction. Others include:

• Having to forfeit any illegally taken game or fish
• Mandatory hunter education courses
• Difficulty obtaining hunting licenses or tags in the future
• Increased scrutiny from game wardens and law enforcement
• Damage to your reputation in the hunting/fishing community

As Forbes contributor Monte Burke writes, “In many rural communities, a hunting violation is seen as a stain on a person’s character that can be hard to scrub off.”

Case Example: Shark Smuggling Ring

To see how these penalties can play out in the real world, let’s look at a high-profile case from a few years ago involving a shark smuggling ring that operated in Mississippi and other Gulf Coast states.In 2015, a group of fishermen and seafood dealers were busted for catching juvenile sharks, cutting off their fins, and selling them to buyers in Louisiana and Texas. The fins were then shipped to Asia where they’re considered a delicacy.The ringleader, a commercial fisherman from Biloxi named Terry Giles, was sentenced to 30 months in federal prison and fined $250,000. His company had to pay an additional $150,000 fine. Other members of the smuggling ring received lesser sentences.In addition to the criminal penalties, the defendants also had to forfeit several boats and vehicles used in the smuggling operation. And they all lost their fishing privileges for various lengths of time.As this article from Law.com details, it was the first federal shark finning case ever prosecuted in the Gulf of Mexico region. Prosecutors said it should send a strong message to anyone engaged in the illegal trade.

The Role of Judges & Prosecutors

So who decides what penalties to impose in a wildlife case? In Mississippi, as in most states, it’s a combination of judges and prosecutors.Prosecutors have a lot of discretion in deciding what charges to bring and what kind of plea deals to offer. They’ll typically consider factors like:

• The severity of the offense
• The strength of the evidence
• The offender’s criminal history and attitude
• The wishes of the victim (in this case, the wildlife agency)

Once the case gets to court, the judge has the final say on sentencing (assuming the defendant is convicted). Judges are supposed to follow the state’s sentencing guidelines, but they do have some leeway to depart from those guidelines in certain circumstances.According to this analysis from Entrepreneur magazine, wildlife crimes are often seen as “paper offenses” by judges and prosecutors who are more focused on traditional crimes like drugs and violence. As a result, sentences for wildlife offenses can sometimes be lighter than what the law allows.But that may be starting to change as conservation issues gain more attention. This recent article from the American Bar Association argues that wildlife crimes are increasingly being treated as serious offenses that warrant significant penalties.

Defenses to Wildlife Charges

If you’ve been charged with a wildlife crime in Mississippi, don’t despair. Depending on the circumstances, there may be defenses available to you. Some common ones include:

• Lack of intent (you didn’t mean to violate the law)
• Mistake of fact (you reasonably believed you were acting legally)
• Illegal search or seizure (the evidence against you was obtained improperly)
• Entrapment (you were induced to commit the crime by law enforcement)

Of course, every case is different, and not all defenses will apply in every situation. That’s why it’s so important to have an experienced criminal defense attorney on your side who knows the ins and outs of Mississippi’s wildlife laws.At NYC Criminal Attorneys, we have a team of skilled lawyers who have successfully handled all types of wildlife cases, from simple fishing violations to complex poaching rings. We know how to negotiate with prosecutors, challenge evidence, and fight for our clients’ rights in court.So if you or someone you love is facing a wildlife charge in Mississippi, don’t go it alone. Contact us today for a free consultation, and let us help you navigate this complex legal landscape. With the right defense strategy, you may be able to avoid or minimize the harsh penalties that can come with a wildlife conviction.

Frequently Asked Questions

To wrap things up, here are answers to some common questions we get about Mississippi’s wildlife sentencing guidelines:Q: What’s the most serious wildlife crime in Mississippi?A: In terms of potential penalties, the most serious wildlife offenses are typically felonies like spotlighting deer at night with a weapon, selling game animals or fish, or hunting under the influence. These crimes can carry fines of up to $10,000 and prison sentences of up to 5 years.Q: Can I get my hunting or fishing license back after a suspension?A: It depends on the length of your suspension and the reason for it. In some cases, you may be able to apply for reinstatement after a certain period of time. But for more serious offenses, your privileges could be revoked permanently. A lawyer can advise you on your options.Q: What should I do if I’m accused of a wildlife crime?A: The first thing you should do is exercise your right to remain silent and contact an attorney as soon as possible. Don’t try to explain yourself to the game warden or police – anything you say can be used against you later. Let your lawyer do the talking and protect your rights.Q: Can I just pay the fine and move on?A: It’s tempting to want to put the whole thing behind you quickly, but pleading guilty and paying a fine can have serious long-term consequences. It will go on your record as a criminal conviction, which can affect your ability to get certain jobs, loans, or hunting licenses in the future. Always talk to a lawyer before making any decisions.

The Bottom Line

Mississippi takes its wildlife laws seriously, and the penalties for violating them can be severe. From hefty fines to lengthy prison sentences to lost hunting and fishing privileges, a wildlife conviction can haunt you for years to come.But remember, being charged with a crime doesn’t necessarily mean you’ll be convicted. With the help of a skilled defense attorney, you may be able to beat the charges or at least minimize the damage.So if you find yourself on the wrong side of Mississippi’s wildlife sentencing guidelines, don’t panic. Take a deep breath, call a lawyer, and start building your defense. With the right strategy and advocacy, you can protect your rights, your freedom, and your way of life