Mississippi Felony: Laws, Penalties, Sentencing, and Records

Mississippi law defines a felony as any offense punishable by lengthy incarceration, heavy fines, and loss of civil rights. Some states classify felonies by letters or numbers, but Mississippi defines the crime and its penalties by statute.

What Is Considered a Felony in Mississippi?

Mississippi classifies felonies according to the provisions outlined in Title 97 of the Mississippi Code of 1972. The following are felonies that individuals may be charged with in Mississippi:

• Violent Crimes: They are offenses that involve physical harm or threat of harm to another person. These include murder, manslaughter, aggravated assault, armed robbery, rape, and kidnapping.
• Drug Crimes: These involve the distribution, manufacturing, and trafficking of controlled substances. These involve illegal activities related to controlled substances.
• Property Crimes: They constitute the destruction of property and theft. The value of stolen property often determines whether the crime is a felony. Arson, burglary, auto theft, and larceny of property valued at $1,000 or more are property crimes in Mississippi.
• White-Collar Crimes: Fraud, embezzlement, forgery, and identity theft are non-violent crimes committed for financial gains.
• Weapon Offenses: Weapon-related charges include the possession of a firearm, unlawful discharge of firearms, and use of weapons during a crime. They

Certain misdemeanors escalate to felonies when aggravating factors are present:

• Theft becomes a felony when the value of stolen goods exceeds $1,000.
• Simple assault may be elevated to aggravated status if it involves the use of a lethal weapon or inflicts serious physical injury upon the victim.

What Is a Felony in Mississippi?

Under Mississippi law, a felony is any crime punishable by death or more than one year in the custody of the Mississippi Department of Corrections. By contrast, misdemeanors are punishable by fines or up to one year in the county’s jail. A felony conviction in Mississippi carries a range of consequences, including:

• Prison sentences ranging from 1 year to life imprisonment.
• Fines up to $1,000,000 for certain categories of felonies.
• Loss of civil rights, including firearm ownership, jury duty, and disenfranchisement while imprisoned.
• A permanent criminal record, creating barriers for employment, rental approvals, professional licensing, and immigration status.

Felony Penalties in Mississippi

Although certain states categorize felonies by class, Mississippi follows distinct statutory provisions that assign punishments for felony offenses.

Examples of Mississippi Felony Penalties

• Capital Murder: This attracts a death penalty or life imprisonment without parole.
• Second-Degree Murder: The statutory penalty for a second-degree murder includes a prison term of no less than 20 years and up to life imprisonment.
• Manslaughter: It may result in up to 20 years behind bars.
• Rape (Forcible): Persons found guilty of committing this offense are subject to life imprisonment.
• Armed Robbery: This may lead to a minimum of 3 years in prison or to life imprisonment without parole.
• Burglary (breaking and entering): It attracts a prison term between 3 and 25 years.
• Theft of property valued at over $25,000: Individuals who are found guilty of this offense are sentenced to 10 years in any of the state’s prisons. They are also required to pay fines in the amount of $10,000.
• Drug Trafficking: Penalties vary by type and quantity of drug; often, drug trafficking involves mandatory minimum sentences.

Felony Sentencing Guidelines in Mississippi

In Mississippi, sentencing is guided by statutory provisions but influenced by judicial discretion, mandatory minimums, and aggravating or mitigating factors.

Key Sentencing Factors in Mississippi

1. Statutory Penalties: Each crime is subject to a certain prison term or fine.
2. Mandatory Minimums: Certain crimes, such as drug trafficking, use of firearms, and armed robbery, carry mandatory minimum terms.
3. Aggravating Factors: Sentencing may be influenced by repeat offenses, use of weapons, crimes against children or the elderly, and gang-related activities.
4. Mitigating Factors: Factors such as being a first-time offender, obeying law enforcement, or reduced culpability may help reduce sentence terms.
5. Habitual Offender Law: Mississippi’s habitual offender statutes (Miss. Code § 99-19-81, § 99-19-83), among the strictest in the U.S., imposes mandatory life sentences for offenders who have committed two or more prior felonies.
6. Probation and Parole: Some felonies involving nonviolent crimes may be eligible for probation, but violent felonies are usually ineligible for parole or probation.

Armed robbery is punishable by a sentence ranging from three years to life imprisonment. Under Mississippi's habitual offender statute, a repeat offender may receive life imprisonment without the possibility of parole.

Felony Laws and Procedures in Major Mississippi Cities

Jackson (Hinds County)

In Hinds County, Jackson, felony cases are handled by the Hinds County Circuit Court. This facility manages large caseloads in relation to violent, property, and drug crime cases. Records are available through the Hinds County Circuit Court Clerk or via statewide portals.

Gulfport (Harrison County)

In the City of Gulfport, felonies are heard and decided in the Harrison County Circuit Court, with high volumes of property and drug-related cases adjudicated in this facility. Court records related to felony cases are accessible by contacting the Harrison County Circuit Court Clerk’s Office.

Biloxi (Harrison County, Second District)

In Biloxi, felony crimes committed within this jurisdiction are tried within Harrison County's second district, with a focus on drug and theft crimes. Interested persons may obtain copies of records via the Harrison County Circuit Court Clerk.

How to Search for Felony Records in Mississippi

Mississippi grants public access to felony case records through both state-level and county-level systems.

1. Mississippi Electronic Courts (MEC) System

The MEC portal allows registered users to access felony case dockets online. The information obtainable from this website includes

• Case number and docket history.
• Charges filed.
• The court location where the case was filed.
• Case status and judicial sentencing information.

2. Circuit Court Clerk’s Offices

Certified case files must be requested from the Clerk of Circuit Court in the county where the felony was prosecuted.

3. Mississippi Department of Public Safety (MDPS)

The MDPS Criminal Information Center maintains official statewide criminal history records. Fingerprint-based background checks are available for authorized entities and individuals.

4. Local Police and Sheriff’s Departments

Arrest and incident records are maintained by local police departments and county sheriff’s offices. Requests may be made under the Mississippi Public Records Act, though if a case is under investigation, certain information may not be available to the public.

5. Third-Party Background Checks

Anyone may search felony records on commercial third-party websites that offer access to felony records in Mississippi. For the most current information, individuals may consult official sources such as the judiciary and the Mississippi Department of Public Safety (MDPS) to find felony records in Mississippi.

Open vs. Sealed Records

• Open Records: Most felony convictions are publicly available.
• Expungement: Expungement in Mississippi is available for specific felony convictions, generally limited to first-time nonviolent offenses after a statutory waiting period. Crimes of a violent nature, sexual offenses, and significant drug-related violations are generally ineligible.

Why Understanding Felonies in Mississippi Matters

In the state of Mississippi, a felony conviction has significant consequences that extend beyond an individual serving time in prison or paying a fine. Felony convictions take civil rights away, limit employment opportunities, and limit housing opportunities and professional licenses. Knowing the laws surrounding felonies, sentencing, and access to records pertaining to felonies is essential for individuals, employers and organizations as they interact with the legal system in Mississippi.

In Mississippi, felonies are defined individually by statute rather than grouped into broad categories such as Class A or B. Punishments may range from one year in prison to life imprisonment or a death penalty for capital offenses. Sentencing is shaped by legal statutes, mandatory minimums, and increased penalties for repeat offenders under the habitual offender law.

In Mississippi, members of the public may find felony records via theMississippi Electronic Courts system, county Circuit Court Clerks, or the Department of Public Safety. This ensures that the public is aware of the judicial process in Mississippi. In addition, offenders may petition for the expungement of certain crimes, such as first-time nonviolent felonies.