What are the penalties for a felony in Mississippi?

Felony punishment in Mississippi is set offense by offense rather than by a general class table. The statute defining the charged offense supplies the minimum and maximum term, and the general sentencing provisions govern how the judge imposes it [§ 97-3-21 et seq.]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Mississippi have a speedy trial requirement?

Yes. Mississippi requires trial within 270 days under certain conditions [§ 99-17-1]. Miss. Code Ann. § 99-17-1: defendant must be tried within 270 days of arraignment. Continuances by defendant waive the right. Remedy is dismissal with prejudice.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 97-3-21 et seq.]. Misdemeanors carry county jail time (up to 1 year) [§ 97-1-3]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Mississippi Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Mississippi?

Yes, for eligible offenses [§ 99-19-71]. Waiting periods: 5 years from completion of sentence for eligible first-offense non-violent misdemeanors and felonies; immediate for acquittals/dismissals. Mississippi expungement is available for first-time offenders for select misdemeanors and non-violent felonies ([§ 99-19-71]). Violent crimes, sex offenses, DUI, and drug trafficking are excluded. Filing petition in circuit court; prosecutor may object.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Mississippi.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Mississippi Criminal Process — Step by Step Your Rights in an Mississippi Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Mississippi classifies criminal offenses §97-3-21 et seq.

Mississippi divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Misdemeanor classifications §97-1-3

Class Standard misdemeanor: up to 12 months, $1,000 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §99-19-20 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §97-1-3	State prison (1 year or more) §97-3-21 et seq.
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §99-19-71	Fewer offenses eligible §99-19-71

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §99-3-7. Officers may arrest without a warrant for felonies committed in their presence or on probable cause. Miss. Code Ann. § 99-3-7 governs warrantless arrest authority. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Mississippi Constitution Art. 3, § 29 guarantees bail for all offenses except capital crimes when proof is evident. Bail set by court based on flight risk and danger. Cash or surety bond typically required.

Arraignment

The court formally presents charges, and the defendant enters a plea. Note: nolo contendere (no contest) pleas are NOT permitted in Mississippi.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §47-7-1 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Mississippi has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §99-15-15 et seq.. Mississippi has a county-based indigent defense system. Public defender offices exist in some counties; most counties use assigned counsel. Mississippi Indigent Defense Task Force has called for systemic reform.
Right to a speedy trial — Mississippi provides a specific speedy trial deadline: 270 days §99-17-1. Miss. Code Ann. § 99-17-1: defendant must be tried within 270 days of arraignment. Continuances by defendant waive the right. Remedy is dismissal with prejudice.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Mississippi: Felony: up to 5 years; Misdemeanor: up to 1 year §47-7-1 et seq..

⚠Mississippi has a habitual offender law §99-19-81 et seq.. Habitual offender enhancement: two prior felony convictions serving separate sentences results in mandatory maximum term without parole (§99-19-81). Three prior felonies results in life without parole (§99-19-83).

Clearing your record

Mississippi does allow certain criminal records to be sealed or expunged §99-19-71. Waiting periods: 5 years from completion of sentence for eligible first-offense non-violent misdemeanors and felonies; immediate for acquittals/dismissals. Mississippi expungement is available for first-time offenders for select misdemeanors and non-violent felonies (§99-19-71). Violent crimes, sex offenses, DUI, and drug trafficking are excluded. Filing petition in circuit court; prosecutor may object.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §41-29-139. Marijuana possession: Misdemeanor (30 grams or less, first offense: up to $250 civil penalty; second/third: criminal misdemeanor; §41-29-139); Felony (over 30 grams).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §97-3-7 et seq.. Domestic violence offenses carry additional consequences including protective orders §97-3-7(3) et seq..

Theft and property crimes

Classification depends on the value of property taken §97-17-41 et seq.. Felony threshold: $1,000 (felony for $1,000–$4,999, §97-17-41).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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