Can a Mississippi Drug Possession Charge be Your Third Strike?

Like several other states, Mississippi has enacted a “three strikes law”.  Although the details of “three strikes laws” differ widely from one state to the next, and these types of laws are sometimes referred to as “habitual offender” laws, these laws typically result in increasingly severe penalties for criminals who are convicted of three certain types of crimes. 

Mississippi’s Three Strikes Law

Mississippi’s “three strikes law,” or “sentencing of habitual criminals to life imprisonment,” provides that every person who has been convicted of two previous separate felonies that resulted in two separate terms of imprisonment in excess of one (1) year is sentenced to life imprisonment without the possibility of parole or pardon if he or she commits a third felony.  This version of the “three strikes law” makes no distinction between felonies under Mississippi law, under other states’ laws, and under federal law.  Plus, it is necessary only that one of the felonies be a crime of violence; the other two felonies need not involve any violence. 

Mississippi’s Drug Possession Laws                                                   

Like many states, Mississippi has drug possession laws that can result in either misdemeanor or felony criminal charges.  Whether a person is convicted of a misdemeanor or felony for possessing drugs is generally governed by Mississippi law in terms of the type, amount, and other circumstances surrounding the drug possession charge in question.  Therefore, if a person is convicted of felony drug possession in Mississippi, that may constitute a “third strike” under Mississippi’s “three strikes law” if he or she has previously been convicted of two felonies, including one felony involving violence.

Contacting an Attorney for Help

If you are facing a Mississippi drug possession charge, and you potentially face sentencing pursuant to a “three strikes law”, you should immediately contact an experienced criminal defense attorney for advice.