First Degree Felony in Mississippi

Unlike states that adopt the tiered rankings to classify types of crimes, first-degree felony is not an official term in Mississippi. In Mississippi, any crime punishable by more than one year in state prison is a felony.

According to § 1-3-11 of the Mississippi Code Annotated, felonies are crimes punishable by imprisonment or death. In Mississippi, first-degree felonies. Mississippi defines first-degree felony and other variations of serious crimes as felonies and assigns punishment to each specific crime. Notwithstanding, serious crimes in Mississippi that can be classified as first-degree felonies include, but are not limited to:

• Capital murder
• Murder
• Arson
• Kidnapping
• Sexual battery.

In 2024, the Mississippi Department of Public Safety (MDPS) reported 4,115 violent crime incidents, a 4.17% decrease from the 4,294 incidents in 2023. These incidents include 92 murders, 769 non-consensual sexual offenses, 477 robberies, and 2,083 aggravated assaults.

Similarly, from January 1, 2025, to August 31, 2025, Mississippi law enforcement agencies reported 2,666 violent crime incidents. This represented a 35.21% decrease in incidents compared to the same period in the previous year.

Public Access to First Degree Felony Records in Mississippi

Similar to other states, Mississippi felony records are court documents. Per the Mississippi Public Records Act of 1983, all court records (including those on felony trials) are public. This means interested individuals can request these documents from the Circuit Court Clerk's Office in the county where the specific case was handled.

Some Mississippi counties provide case search portals for individuals who seek to access court records (including felony-related case files) online. Additionally, these documents may be accessible for fees through third-party websites that have online repositories of papers related to Mississippi Circuit Court criminal trials.

Information seekers can subscribe to and use the Mississippi Electronic Courts (MEC) System for statewide access to felony records. Additionally, individuals seeking access to records of individuals convicted of first-degree offenses in Mississippi can run criminal history checks through the Mississippi Department of Public Safety’s criminal history database.

Although Mississippi laws permit public access to felony records, record seekers should note that sealed felony records are not public. Additionally, access to juvenile felony records is restricted to the subjects of the documents and authorized government agencies.

Common Crimes Classified as First Degree Felonies in Mississippi

Mississippi does not categorize felony crimes. In Mississippi, felony is a general term describing serious crimes across the state. Mississippi laws define felonies by statute and penalty ranges. Under Section 1-3-11 of the Mississippi Code, a felony is any crime punishable by death or confinement in the state penitentiary. For instance, according to Miss. Code § 97-3-19, the punishment for murder is life imprisonment or the death penalty. Some felonies have life or mandatory minimum imprisonment.

Notwithstanding, some serious crimes are divided into degrees within their specific statutes. For example, first-degree murder and first, second, and third-degree arson. Rape has a statutory classification based on the age of the victim.

Based on severity and the harshness of penalties, the following crimes in Mississippi are comparable to first-degree felonies in states like Texas, Florida, and Ohio:

• Capital murder (Miss. Code § 97-3-19)
• First-degree murder (Miss. Code § 97-3-19)
• Aggravated assault on a law enforcement officer (Miss. Code § 97-3-7)
• Robbery with deadly weapons (Miss. Code § 97-3-79)
• Kidnapping (Miss. Code § 97-3-53)
• Arson of an occupied dwelling (Miss. Code § 97-17-1.

Prison Sentences and Fines for First Degree Felonies in Mississippi

Unlike states with tiered classifications for felonies, Mississippi's sentencing range for felony crimes depends on:

• The statutory language of the offense. For instance, murder, statutory rape, or first-degree arson
• Type of felony (violent or non-violent)
• Aggravating factors, such as the use of deadly weapons. For example, aggravated assault carries harsher penalties than simple assault.
• Previous convictions or habitual offender status
• Jury or judge sentencing. A jury may pronounce the sentence for a crime. Otherwise, the court will impose it using the statutory range.

Nonetheless, per Mississippi's statutes, the following sentencing range applies to felony cases:

• First-degree murder - life imprisonment
• Kidnapping - 1 to 30 years, or life
• Armed robbery - 3 years to life
• Burglary of a dwelling or residential burglary- 3 to 25 years
• Sexual battery - up to 40 years, or life imprisonment
• Obstruction of justice, Class 1 felony - not more than 15 years in prison
• Obstruction of justice, Class 2 felony - not more than 10 years
• Drug possession - sentencing varies by the weight of the drug. Nonetheless, it may result in up to 30 years’ imprisonment.

Although Mississippi did not set specific dollar fines for most felonies, Mississippi Code Ann. § 99-37-3 allows judges to order restitution of not more than $5,000.00 for pecuniary damages resulting from felony crimes.

What is the Maximum Sentence for a First Degree Felony in Mississippi?

Mississippi does not use the tiered system for felony classification. Instead, the state's criminal statutes outline the sentencing range for serious crimes. The length of the sentence an offender serves depends on the specific crime. However, the maximum jail term for a non-capital felony in Mississippi is life imprisonment.

For murder in the first or second degree, habitual offenders (under the Three Strike Law), and cases such as drug trafficking and sex crimes, the court may impose a life sentence without parole.

What is First Degree Murder in Mississippi?

Mississippi does not use a class system to categorize serious crimes. All serious crimes in Mississippi are classified as felonies. However, it does use the “degree” terminology to describe the severity of homicides.

Mississippi categorizes homicide into:

• Capital murder
• First-degree murder
• Second-degree murder
• Manslaughter.

According to Mississippi Code § 97-3-19 (1), murder refers to the unlawful killing of an individual under the following circumstances:

• The killing is deliberate by design to ensure the death of the victim
• The killing results from the commission or attempt to commit felonies, such as:
  • Rape
  • Kidnapping
  • Burglary
  • Arson
  • Robbery
  • Sexual battery
  • Unnatural intercourse with any child under age 12
  • Nonconsensual unnatural intercourse with mankind
  • Felonious abuse/battery of a child.

In Mississippi, the penalty for a first-degree murder is life imprisonment without automatic parole. An adult first-degree murder convict in Mississippi can be paroled only if the court or the Parole Board grants it.

Can First Degree Felony Records Be Sealed or Expunged in Mississippi?

No, Mississippi does not permit the sealing or expunction of first-degree felony records. Mississippi has strict expungement rules that do not permit sealing and expunction of first-degree felony records. According to § 99-19-71(4) of the Mississippi Code, a violent crime record may be expungeable only if:

• The case results in dismissal
• There is an acquittal
• Prosecutors drop the charges.

In Mississippi, a pardon from the State Governor does not automatically result in the expungement of felony criminal records, but it can help restore civil rights.

Despite its strict rules, Mississippi allows the sealing and expungement of first-time non-violent felony records. Individuals under this category may petition for expungement 5 years after completing their sentence. Additionally, youthful offenders or individuals participating in drug court programs may qualify for expungement of specific offenses.

Difference Between First Degree and Second Degree Felonies in Mississippi

Generally, Mississippi does not apply the tiered system in classifying felony crimes. However, in cases such as murder, arson, and rape, these classifications distinguish the severity of these crimes.

Severity

Similar to states that use the tiered classification system, a first-degree designation describes some of the most serious crimes. For instance, a first-degree murder in Mississippi is the deliberate or premeditated killing of another person, and its penalties are second only to capital murder.

By comparison, second-degree designations for crimes in Mississippi also refer to serious offenses. However, Mississippi laws view second-degree felony offenses as less severe than those within the first-degree class.

Penalties

Mississippi imposes harsher penalties for first-degree offenses in comparison to second-degree crimes. For example, a first-degree arson in Mississippi may result in 5 to 20 years in prison. In contrast, the jail terms for a second-degree arson range between 2 and 10 years.

Statute of Limitations for First Degree Felony Charges in Mississippi

The statute of limitations for a first-degree felony in Mississippi defines the amount of time prosecutors have to file charges against individuals who are suspects in crimes that fall within this offense category. Prosecutors must bring their cases before a court of competent jurisdiction within the specified limitation periods for a particular case or forfeit the right to do so.

In Mississippi, there is no statute of limitations for first-degree felonies. For instance, under Miss. Code Ann. § 99-1-5, prosecutors can file charges at any time for cases such as:

• Murder
• Rape and sexual battery
• Kidnapping
• Arson
• Burglary
• Robbery
• Exploitation of children
• Felonious abuse/battery of a child.

Mississippi laws stipulate a 2-year statute of limitations for felony crimes that are not on the “no statute of limitations list”.

Probation and Parole Eligibility for First Degree Felonies in Mississippi

In Mississippi, judges cannot grant probation for first-degree crimes. These offenses are serious and violent, posing a high risk to public safety. Mississippi statutes mandate a life imprisonment sentence for some of these felonies, and a judge cannot reduce the penalty to probation. Additionally, the no probation policy also serves as a deterrent, as offenders of serious, violent crimes have a high potential for repeat offenses.

Parole is the conditional release of convicts under supervision after serving part of their sentences. Eligibility for parole for first-degree crimes in Mississippi depends on the sentencing law. Convicts serving life without parole (LWOP) sentences are not eligible for parole. Nonetheless, individuals serving life sentences (excluding capital crimes and life without parole sentences) may be eligible for parole after serving 20% to 30% of their prison sentences.

There are no guarantees of parole in Mississippi; the Mississippi Parole Board determines who gets parole, and in addition to eligibility, this also depends on the inmate's criminal history and behavior in prison.

Impact of a First Degree Felony Conviction on Criminal Records in Mississippi

A first-degree felony in Mississippi is a serious crime with long-lasting consequences, even after serving the sentence. In Mississippi, first-degree convictions remain permanently on records and are publicly accessible to any interested entity.

Having a Mississippi felony record can negatively impact professional and personal life. For instance, due to their public accessibility under Mississippi laws, the records are accessible to employers and may impact job opportunities. A first-degree felony record in Mississippi may also impact housing options.

Having a first-degree felony record in Mississippi may affect immigration applications, remove the owner's voting rights, and make them ineligible to hold public office or perform jury duty. Additionally, individuals with Mississippi first-degree felony records lose the right to bear firearms under the U.S. Unlawful Act.