Mississippi Criminal and Family Law BlogMississippi has some of the richest historical traditions of all US states, and it is home to numerous museums and historical sites. Due to the lasting legacy of the Civil War, many of these sites and museums are highly controversial. Activist groups on both sides of the political spectrum may attempt to vandalize, damage, or completely destroy certain historical sites – but the criminal penalties can be quite serious. In some cases, this can even lead to hate crime charges in Mississippi. What can you do if you face these charges, and what is the best way to defend yourself?
Can You Face More Serious Charges for Destroying Historical Monuments?
There are various laws in Mississippi that can lead to more serious penalties for destroying or vandalizing historical monuments. For many years, Mississippi has enforced a law against removing monuments or memorials from public property. The general consensus in Mississippi is that even if a monument has certain political connotations, it should remain standing. In the view of numerous lawmakers, history is an important part of Mississippi culture – and even the negative chapters of the state’s story should remain in clear view for educational purposes. Regardless of whether you agree with this sentiment, you should know that there are legal consequences for attempting to tear down or destroy monuments. These include statues or memorials related to Confederates, slave owners, or the Civil War in general.
Those who destroy certain monuments may also face hate crime charges. Generally speaking, the US Constitution makes it illegal to persecute anyone on the basis of their beliefs. The First Amendment specifically states that it is not illegal to express offensive or controversial beliefs. While most hate crimes involve racial or sexual discrimination, you could technically face these charges for crimes committed on the basis of political belief. Technically, it could be possible to face a hate crime for vandalizing a historical monument, art piece, or artifact – especially if it exists in a private museum or showcase.
Interestingly, some politicians in Mississippi have argued for the protection of monuments on completely different sites of the political spectrum. One senator famously condemned the removal of Confederate monuments and subsequently made similar criticisms about the vandalism of a monument regarding a lynching during the 1950s. The message was clear: Monuments of all types should be respected in Mississippi.
The “Creative Expression” Defense to Vandalism in Mississippi
Those who are accused of vandalizing historical monuments in Mississippi may pursue the “creative expression” defense. If you choose this defense, you will need to establish that your vandalism was actually some form of creative artwork. You might also show that your vandalism was a political statement.
There is no guarantee that this defense strategy will actually work, however, and it may be very difficult to implement if you target a historical monument. As previously noted, Mississippi has specific laws in place that protect historical monuments. In addition, the historical monument itself can be considered a form of protected free speech. Generally speaking, your freedom of speech may not be protected if it impedes the rights of other people. If your free speech takes away someone else’s free speech, you may not have the right to engage in this form of expression.
Find an Experienced Criminal Defense Attorney in Mississippi
If you have been searching for a criminal defense attorney in Mississippi, look no further than Vic Carmody Jr., P.A. With so many historical sites and monuments in Mississippi, it is all too easy to face serious charges for vandalism, theft, and property damage. Many defendants do not even realize the historical value of the items involved in their crimes, and there is no need to face excessive penalties if you have been accused of these offenses. Book a consultation today to get started with an effective action plan.