Mississippi Criminal Defense Laws

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.