Mississippi Criminal Defense Laws
Mississippi does not use a standard felony classification system (Class A, B, C). Each crime has its own statutory penalty, with the key distinction being whether imprisonment is "at hard labor" (state prison, i.e., felony) or county jail time. There is no statute of limitations for many serious crimes including murder, manslaughter, rape, robbery, burglary, arson, kidnapping, and larceny. Misdemeanors have a 2-year limit. Mississippi retains the death penalty. Expungement is available for first-offense misdemeanors and certain felonies after 5 years.
Last verified: 2026-02-25
Statute of Limitations
Murder, manslaughter, aggravated assault, kidnapping, arson, burglary, forgery, robbery, larceny, rape, embezzlement, and obtaining money by fraud have NO statute of limitations. Misdemeanors must be prosecuted within 2 years. The statute is tolled while the defendant is absent from the state.
Key Mississippi Statutes
Mississippi does not classify felonies into numbered classes. Any crime punishable by death or imprisonment in state prison (at hard labor) is a felony. Each offense has its own individual penalty range. Misdemeanors carry up to 1 year in county jail and/or up to $1,000 fine.
BAC 0.08%+ (0.02% for under-21, 0.04% commercial). First offense (misdemeanor): up to 48 hours jail, $250–$1,000 fine, 120-day license suspension. Third offense (within 5 years, felony): 1–5 years state prison. Fourth+ offense (lifetime lookback, felony): 2–10 years, $3,000–$10,000 fine.
First-offense misdemeanors (non-traffic) are eligible for expungement. Felony convictions may be expunged after 5 years from completion of sentence. Not eligible: crimes of violence, arson, drug trafficking, third+ DUI, sex offender registration failures. Non-convictions (dismissals, acquittals) are also eligible.
Mississippi retains the death penalty for capital murder. Method of execution is lethal injection. Aggravating and mitigating circumstances are weighed during the sentencing phase.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Mississippi.
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