Mississippi Felony vs Misdemeanor: Sentences, Fines and Probation

Mississippi does not sort crimes into felony or misdemeanor classes. Under Miss. Code Ann. 1-3-11, the term felony, "when used in any statute, shall mean any violation of law punished with death or confinement in the penitentiary," so each offense statute sets its own sentence, and an offense with no penalty fixed anywhere by statute is punished by up to six months in the county jail, a fine of up to $1,000, or both (Miss. Code Ann. 99-19-31).

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers Mississippi's felony definition (Miss. Code Ann. 1-3-11), the general penalty sections in Title 99, Chapter 19 (99-19-25, 99-19-31, 99-19-32, 99-19-81, 99-19-83 and 99-19-101), the justice court and remand rule (99-33-1), nonadjudication (99-15-26), and the probation and post-release supervision sections in Title 47, Chapter 7, including 2026 House Bill 1701 and Senate Bill 2821. It does not cover the penalty for every individual offense (see the theft and assault pages linked below), parole eligibility, time limits for filing charges, expunction, federal offense classes (covered on our felony and misdemeanor classes by state hub), or city and county ordinances. The Mississippi Code is published online through the Legislature's code access link; check the current text of a section before relying on a specific detail.

Felony vs misdemeanor in Mississippi

Mississippi draws the line at the penitentiary. Miss. Code Ann. 1-3-11 provides:

The term "felony," when used in any statute, shall mean any violation of law punished with death or confinement in the penitentiary.

Title 1, Chapter 3 of the Code defines felony and contains no matching definition of misdemeanor. In practice the misdemeanor side is marked by the punishment and the court: under Miss. Code Ann. 99-33-1(2), justice court judges have jurisdiction, concurrent with the circuit court, "over all crimes occurring in the county whereof the punishment prescribed does not extend beyond a fine and imprisonment in the county jail." Offense statutes also label particular crimes misdemeanors individually.

Does Mississippi have felony classes?

No. The general sentencing sections set no lettered or numbered classes and no degrees. Each offense statute states its own penalty. Grand larceny, for example, carries up to five years in the penitentiary, a fine of up to $10,000, or both when the property is worth $1,000 or more but less than $5,000, and up to 20 years when it is worth $25,000 or more (Miss. Code Ann. 97-17-41(1), (3)). Our Mississippi theft laws page covers the full scale.

Two general sections fill gaps where an offense statute is silent:

These are the general rules only; an offense statute's own penalty controls where it sets one, the habitual offender statutes (99-19-81 and 99-19-83) set higher sentences for some repeat felony convictions, and 97-37-37 adds a mandatory term when a firearm is used or displayed during a felony, both described below.

The top of the scale. For an adult, first degree murder carries life imprisonment, and second degree murder carries life if the jury fixes that penalty in a separate sentencing proceeding, otherwise 20 to 40 years (Miss. Code Ann. 97-3-21(1)). For an offender under 18 at the time of the offense who is convicted after July 1, 2024, first degree murder carries life only if the jury fixes it, otherwise 20 to 40 years, and capital murder carries life or life without parole if the jury fixes it, otherwise 25 to 50 years (Miss. Code Ann. 97-3-21(2)). For capital murder or another capital offense, the court holds a separate sentencing proceeding to decide among death, life imprisonment without eligibility for parole, and life imprisonment, but "a sentence of death cannot be imposed if the defendant was not at least eighteen (18) years of age at the time of the commission of the offense" (Miss. Code Ann. 99-19-101(1)). Senate Bill 2821 of 2026, effective July 1, 2026, made sexual battery of a child under 12 by a person 18 or older a capital felony punishable by death or life without parole (Miss. Code Ann. 97-3-101(5)(a)). In Kennedy v. Louisiana (2008), the U.S. Supreme Court, addressing the death penalty "for the rape of a child where the crime did not result, and was not intended to result, in death of the victim," held that "the Eighth Amendment prohibits the death penalty for this offense." See how long a life sentence is in Mississippi.

How a Mississippi sentence is set

The general sentencing sections contain no guideline grid. The judge sentences within the range the offense statute sets, subject to the enhancement statutes described on this page. A separate statute adds time when a firearm is involved: except where another law provides a greater minimum, a person who uses or displays a firearm during the commission of any felony receives an additional five years, and a convicted felon an additional ten years run consecutively, and the added term "shall not be reduced or suspended" (Miss. Code Ann. 97-37-37).

Post-release supervision. For a felony committed after June 30, 1995, a court that imposes incarceration may add a term of post-release supervision, but "the total number of years of incarceration plus the total number of years of post-release supervision shall not exceed the maximum sentence authorized to be imposed by law for the felony committed," and the Department of Corrections may supervise a person on post-release supervision for at most five years (Miss. Code Ann. 47-7-34(1), (3)).

Crimes of violence. Miss. Code Ann. 97-3-2(1) lists the offenses classified as crimes of violence, among them murder and attempted murder, aggravated assault and manslaughter. Under 97-3-2(2), for a felony with a maximum sentence of at least five years that is not on the list, the judge may classify it as a crime of violence on the record if the facts show the defendant used, attempted or credibly threatened physical force against another person. The same subsection restricts parole and early release for a person convicted of a listed crime of violence.

Mississippi's habitual offender laws

Two sections raise the sentence for a person with two earlier felony convictions:

• Maximum term (99-19-81). A person convicted of a felony "who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more" in a state or federal penal institution "shall be sentenced to the maximum term of imprisonment prescribed for such felony unless the court provides an explanation in its sentencing order setting forth the cause for deviating from the maximum sentence, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation."
• Life (99-19-83). For a person with two such prior convictions who was "sentenced to and served separate terms of one (1) year or more, whether served concurrently or not," where "any one (1) of such felonies shall have been a crime of violence, as defined by Section 97-3-2," the sentence is life imprisonment, which "shall not be reduced or suspended nor shall such person be eligible for parole, probation or any other form of early release from actual physical custody."

Drug offenses have their own repeat rule: except as Section 41-29-142 provides, a person convicted of a second or subsequent offense under the Uniform Controlled Substances Law "may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both" (Miss. Code Ann. 41-29-147).

Can a felony be tried as a misdemeanor in Mississippi?

There is no statute that lets a court reduce a felony conviction to a misdemeanor, but two procedures come close:

• Grand jury remand. "A circuit court grand jury, after an evidentiary determination, may remand any case that may be tried as a felony or misdemeanor, and which it deems should be tried as a misdemeanor, to justice or municipal court to be tried as a misdemeanor" (Miss. Code Ann. 99-33-1(3)). The decision belongs to the grand jury, and it applies only to a case that the law allows to be tried either way.
• Nonadjudication. In felony and misdemeanor cases other than crimes against the person, crimes of violence under 97-3-2, violations of 97-11-31 and misappropriation of funds received through public office or employment, the circuit or county court may, on a guilty plea entered on or after July 1, 2014, "withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court" (Miss. Code Ann. 99-15-26(1)(a)). It is available only once per person, and not on a charge of trafficking a controlled substance under 41-29-139(f) or an Implied Consent Law (DUI) offense, which can be nonadjudicated only under 63-11-30; the circuit or county court may keep the defendant in the program for up to five years, and on successful completion the case is dismissed (99-15-26(1)(d), (2)(a)(v), (4)).

Is there an infraction tier in Mississippi?

The general definitions in Title 1, Chapter 3 define felony only and set no infraction or violation tier. Offenses below the felony line carry the penalty their own statute sets, or the 99-19-31 default of up to six months in county jail and a $1,000 fine where no penalty is fixed. City and county ordinance violations are a local matter outside this page.

Probation in Mississippi

Who can get probation. A circuit or county court may, after conviction or a guilty plea, suspend the imposition or execution of a sentence and place the defendant on probation, "except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed," and it may not suspend execution of a prison sentence once the defendant has begun serving it (Miss. Code Ann. 47-7-33(1)). A sentence under the habitual offender laws is not eligible for probation (99-19-81, 99-19-83), the added firearm term under 97-37-37 may not be reduced or suspended, and some offense statutes set their own limits.

How long. "The period of probation shall be fixed by the court, and may at any time be extended or terminated by the court," and the period "with any extension thereof shall not exceed five (5) years, except that in cases of desertion and/or failure to support minor children, the period of probation may be fixed and/or extended by the court for so long as the duty to support such minor children exists" (Miss. Code Ann. 47-7-37(1)).

Misdemeanor suspended sentences. Circuit and county courts may suspend a misdemeanor sentence on terms the judge sets, and that suspension "may not be revoked after a period of five (5) years" (Miss. Code Ann. 99-19-25). The same section sets a separate two-year limit for certain justice court suspensions.

What happens after a probation violation in Mississippi

Hearing. Within 21 days of arrest and detention on a warrant, the court must bring the probationer before it and "may continue or revoke all or any part of the probation or the suspension of sentence" (Miss. Code Ann. 47-7-37(5)(a)). If the revocation hearing is not held within 21 days of detention, "the probationer shall be released from custody and returned to probation status," and unless good cause for the delay is shown, the revocation charge is dismissed if the hearing is not held within 30 days of the warrant being issued (Miss. Code Ann. 47-7-37(3), (10)).

Technical violations. If the court revokes probation for one or more technical violations, 47-7-37(5)(a) limits the confinement it can order:

These limits apply to revocations for technical violations; an intervention court case under the 2026 amendment below and a new felony or absconding follow different rules.

Intervention courts. House Bill 1701 of 2026, approved by the Governor on April 8, 2026 and effective July 1, 2026, amended 47-7-37 so that for a probationer or person on post-release supervision who is in an intervention court program, the court may impose up to the remainder of the suspended sentence without a revocation hearing on the judge's written finding of at least three violations of the program's procedures and requirements.

A new felony or absconding. "If a court finds by a preponderance of the evidence, that a probationer or a person under post-release supervision has committed a felony or absconded, the court may revoke his probation and impose any or all of the sentence." Absconding means failing to report to the supervising officer "for six (6) or more consecutive months" (Miss. Code Ann. 47-7-37.1).

Recent changes

• 2024, Senate Bill 2022 (effective July 1, 2024): amended 97-3-21 and 99-19-101 to set alternative sentences for offenders under 18 convicted of first degree or capital murder and to bar a death sentence for a defendant under 18 at the time of the offense.
• 2026, House Bill 1701 (effective July 1, 2026): amended 47-7-37 to let an intervention court impose up to the remainder of a suspended sentence without a revocation hearing after a written finding of at least three program violations. The five-year probation limit in 47-7-37(1) is unchanged.
• 2026, Senate Bill 2821 (effective July 1, 2026): created the capital felony described above in 97-3-101 and amended the parole statute, 47-7-3.
• Several 2026 bills that would have changed the habitual offender laws or the probation sections died in committee or on the calendar, among them House Bill 273 on 99-19-81 and 99-19-83.

Related legal issues

• How specific crimes are graded. With no classes, each offense carries its own range. See Mississippi theft laws and Mississippi assault and battery laws for when those offenses are misdemeanors or felonies.
• Life sentences. See how long a life sentence is in Mississippi.
• Clearing a record. For expunction rules, see Mississippi expungement laws.

Federal law attaches one consequence to the felony line: 18 U.S.C. 922(g)(1) bars firearm possession by anyone convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20)(B) excludes a state offense "classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal side.

Related pages

• Felony and misdemeanor classes by state
• Mississippi theft laws
• Mississippi assault and battery laws
• Mississippi expungement laws
• How long is a life sentence in Mississippi?
• Louisiana felony and misdemeanor classes

This page provides general legal information about Mississippi's felony definition, general penalty sections, habitual offender laws and probation rules. It is not legal advice. For a specific situation, contact a lawyer licensed in Mississippi.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Mississippi?

A felony is any violation of law punished with death or confinement in the penitentiary (Miss. Code Ann. 1-3-11). Offenses punished only by a fine and county jail fall on the misdemeanor side and can be tried in justice court (Miss. Code Ann. 99-33-1(2)).

What are the felony classes in Mississippi?

Mississippi has none. Each offense statute sets its own term and fine, and the habitual offender laws can require the maximum term or life for some repeat felonies (Miss. Code Ann. 99-19-81, 99-19-83).

What is the maximum sentence for a misdemeanor in Mississippi?

Each misdemeanor statute sets its own penalty. When no penalty is provided elsewhere by statute, the default is up to six months in county jail, a fine of up to $1,000, or both (Miss. Code Ann. 99-19-31).

Does Mississippi have Class A misdemeanors?

No. Mississippi does not use misdemeanor classes; the penalty comes from the offense statute or, where none is set, the general default in Miss. Code Ann. 99-19-31.

What is Mississippi's habitual offender law?

After two prior felony or federal convictions on separate charges with separate sentences of one year or more, the court must impose the maximum term unless it explains a deviation, with no suspension, parole or probation (99-19-81); if the person also served separate terms of one year or more and one prior was a crime of violence under 97-3-2, the sentence is life without parole, probation or early release (99-19-83).

How long is probation in Mississippi?

The court fixes the period, and with any extension it may not exceed five years, except in cases of desertion or failure to support minor children (Miss. Code Ann. 47-7-37(1)). Probation is not available, among other bars, where death or life imprisonment is the maximum penalty (47-7-33(1)), for a habitual-offender sentence, or for the added firearm term under 97-37-37.

What happens if you violate probation in Mississippi?

For technical violations, a first revocation is capped at 90 days and a second at 120 days in a technical violation or restitution center; a third may bring up to 180 days or the rest of the suspended sentence, and later revocations up to the remainder (Miss. Code Ann. 47-7-37(5)(a)). An intervention court may impose up to the remainder after a written finding of at least three program violations (HB 1701, effective July 1, 2026). A new felony or absconding allows revocation of any or all of the sentence (47-7-37.1).

Can a felony be tried as a misdemeanor in Mississippi?

A circuit court grand jury may remand a case that may be tried as a felony or misdemeanor to justice or municipal court to be tried as a misdemeanor (Miss. Code Ann. 99-33-1(3)). No statute reduces a felony conviction to a misdemeanor.