Mississippi Charges for Felony Offenses

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In Mississippi, a felony is a criminal offense for which a sentence can be imposed of one year or more in prison.

Felony Sentencing and Convictions in Mississippi

The State of Mississippi does not provide classification of its crimes. Rather, the Criminal Code of the State of Mississippi provides specific provisions for each felony offense and provides specific provisions for the penalty affiliated with the commission of the offense. The following provides several examples of felony offenses and the sentence for each one.

  • Murder: Every person who shall be convicted of murder shall be sentenced by the court to imprisonment for life in the State Penitentiary.
  • Capital Murder: Every person who shall be convicted of capital murder shall be sentenced (a) to death; (b) to imprisonment for life in the State Penitentiary without parole; or (c) to imprisonment for life in the State.
  • Burglary of an inhabited dwelling at night with a deadly weapon: Any person guilty of the above shall be subject to imprisonment in the Penitentiary not less than three (3) years nor more than twenty-five (25) years.
  • Drug Crimes: The penalty for drug crimes vary, depending upon the circumstances and type of offense; penalties include imprisonment for a term of up to twenty-four (24) years per offense. View Marijuana Felony Offenses in Mississipppi
  • Arson in the First Degree: Any person guilty of the above shall be sentenced to the penitentiary for not less than two nor more than twenty years.
  • Child Abuse: Any person guilty of child abuse is subject to imprisonment in the State Penitentiary for up to twenty (20) years.
  • Robbery: Every person convicted of robbery shall be punished by imprisonment in the penitentiary for a term not more than fifteen years.
  • 4th Degree DUI: Felony Charges for DUIs in Mississippi usually apply for the 3rd offense or greater; However, a felony can also be charged sooner depending on the circumstances, level of intoxication, and other violations that may occurred concurrently with the DUI offense.

Mississippi Felony Records and Expungement

The only time the State of Mississippi will permit record expungement according to Mississippi Code Section 99-15-26 (5), is if the case was dismissed, the charges were dropped or there was no disposition in the case.

Statute of Limitations for Felonies in MS

The following statute of limitations apply to the prosecution of the following felonies:

  • No limitation: Murder, manslaughter, arson, burglary, forgery, counterfeiting, robbery, larceny, rape, embezzlement, obtaining money under false pretenses of property
  • 2 years: all others

In addition, there are extensions which apply to the sexual abuse of minors. See all Criminal Statute of Limitations in Mississippi

Help from a Lawyer in Mississippi

If one is charged with a felony in Mississippi, one should consider retaining an experienced criminal attorney. An experienced attorney can not only review one’s case in order to determine what options one may have, but also an attorney can help to preserve one’s rights.

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