A minimum of one-year imprisonment normally classifies a felony in Mississippi. Felonies are serious crimes and usually include rape, murder, and burglary. They are more severe than misdemeanors and infractions. All felony sentences will be served in state prisons when sentences are for several years. Sentences of a year or less may be served in a county jail facility. When felony punishments are for less than a year, it is at the discretion of the determining judge.
There is no limitation statute for the felonies of arson, murder, burglary, manslaughter, counterfeiting, robbery, rape, embezzlement, larceny, and obtaining money under false property pretenses. Two-year statutes exist for all other felony crimes. Extensions exist for the sexual abuse of minors.
Mississippi does not classify its felonies according to the level of seriousness of the crimes. Categories exist in the place of classification. Harsher penalties exist for more serious crimes. The Criminal Code of the State of Mississippi sets specific guidelines for each felonious offense. Provisions provide specific information on each felony and the penalties of the offense.
Murder, whether premeditated or not, is punishable by a conviction of life in prison in a state penitentiary. This sentence is decided by the court.
Capital murder is treated differently than murder as it is defined as murder with the intent to kill. Those convicted of capital murder will be sentence to one of three options: life imprisonment in a state facility, death by execution, or life imprisonment in a state penitentiary without the option of parole.
Burglary in the state of Mississippi is defined as the burgle of an in habited dwelling during night hours with the usage of a deadly weapon. The guilty conviction of this kind of crime is punishable by imprisonment in a state institution for no less than three years and no more than twenty-five years.
The crimes classified as drug crimes vary in punishments and depends on the amount of substance in possession, whether or not there was trafficking, and whether or not there was sale. Penalties range and can include imprisonment terms up to twenty-four years in a state prison for a single offense. If multiple convictions happen at once, prison terms will be added together. Such as a sentence of five years, a sentence of ten years, and a sentence of seven years to equal a total imprisonment of twenty-two years for three offenses. Charges for marijuana possession are different and also depend on the amount in possession.
Arson in the first degree is punishable by up to twenty years in prison or as few as two years in prison. Imprisonment for child abuse constitutes up to twenty years in a state penitentiary. A conviction of robbery is punishable by up to fifteen years in prison. And a DUI charges in the fourth degree is punishable as a felony rather than a misdemeanor.
Mississippi expungement is only possible under Mississippi Code Section 99-15-26. This code states that a case must be dismissed or all charges must have been dropped for any person to be eligible for expungement.