What is a Second Degree Felony in Mississippi?

Mississippi does not classify felonies into formal categories like Class A, B, or C, as seen in many other states. Instead, the severity of a felony is determined by the specific crime defined in the Mississippi Code, with penalties outlined individually for each offense. “Second-degree felonies" here may describe mid-tier offenses such as those with penalties of 5–20 years in prison. These crimes may be serious enough to land one in state prison but not as severe as capital murder.

A felony is a serious crime, carrying significant legal consequences. Under Mississippi Code Title 97- Crimes, a felony is defined as any crime punishable by death or imprisonment in a state penitentiary, regardless of the actual sentence imposed. Mississippi Criminal Code statutes designate which types of crimes are classified as felonies.

Which Crimes Are Considered Second-Degree Felonies in Mississippi?

The following crimes fall under felonies under Mississippi law.

Assault and Violent Crimes

• Aggravated assault (Miss. Code § 97-3-7): This includes intentionally causing serious injury with a weapon or in a way that could cause great harm
• Second-degree murder (Miss. Code § 97-3-19): This involves killing someone through an act showing extreme recklessness without premeditation or during a non-enumerated felony

Property Crimes

• Burglary of a dwelling (Miss. Code § 97-17-23): Breaking into someone's home with the intent to commit a crime inside
• Grand larceny (Miss. Code § 97-17-41): Stealing property worth $1,000 or more like a car or jewelry

Drug Offenses

• Possession of marijuana with intent to distribute (30–250 grams) (Miss. Code § 41-29-139): Holding enough for sale without a medical card
• Sale or distribution of a Schedule I or II controlled substance such as cocaine or meth (Miss. Code § 41-29-139)

What is Second Degree Murder and How is it Classified in Mississippi?

Miss. Code § 97-3-19(1)(b) defines a second-degree murder as the unlawful killing of a person through a highly dangerous act showing reckless disregard for human life, without premeditated intent to kill a specific individual. It is often referred to as "depraved heart" murder.

Second-degree murder differs from first-degree murder, which is typically intentional, and from manslaughter, which involves killings without malice aforethought. Under Mississippi law, individuals commit second-degree murder:

• When they demonstrate a reckless disregard for human life, such as engaging in highly dangerous behavior that could foreseeably result in death. Examples include shooting into a crowd or driving recklessly through a populated area
• When the individual does not require planning or deliberate intent to kill a specific person
• When there is an intent to commit a dangerous act, even if the specific intent to kill is absent.

Mississippi Second Degree Felonies Penalties and Punishments

For mid-level felonies in Mississippi, sentences may often range from 2 to 20 years in state prison, depending on the offense. Fines commonly range from $1,000 to $50,000 or more, scaled to the crime's severity. Drug-related felonies often hit the higher end. Eligible offenders may receive probation instead of or after prison, typically lasting 1–5 years. This can include supervised release, community service, or mandatory counseling.

Note that penalties for felonies may vary significantly based on factors like the specific crime, judicial discretion, plea bargains, and other local practices. Felonies in Mississippi often carry additional consequences, such as loss of voting rights, firearm ownership restrictions, and ineligibility for certain jobs or licenses. Other punishments may include restitution to victims and community service. Some sentences allow for "split" terms, combining jail time with probation. Repeat offenses can enhance penalties, sometimes doubling sentences or mandating minimum terms.

The table below is a summary of felony offenses and their penalties.

Are Second Degree Felony Records Public in Mississippi?

Yes. Felonies are generally public records under the Mississippi Public Records Act. This Act presumes that records held by public agencies, such as courts and law enforcement agencies, are accessible to the general public unless specifically exempted. Access to exempted records may be denied or subject to restrictions based on specific circumstances, as certain information may be sealed or confidential. Some exempt records include:

• Expunged records
• Sealed juvenile felony records
• Human trafficking victim records
• Intervention court (drug court) records
• Records with redacted confidential information
• Records tied to ongoing law enforcement investigations.

How to Access Second Degree Felony Court Records in Mississippi

Circuit Courts operating in counties within the state of Mississippi have jurisdiction over felony court records. Records are typically maintained by the Circuit Court Clerk in the county of jurisdiction and can be accessed through online platforms, in-person visits, or mail requests. Requesters may need to identify the county where the felony case was adjudicated, as Mississippi’s Circuit Courts are county-based. Knowing the defendant’s name, case number, or approximate date of the case helps narrow the search.

Individuals seeking access to Mississippi criminal court case records can use the following methods:

• Online: The Mississippi Electronic Courts (MEC) system provides online access to court records for participating counties. To search, register for an MEC account for a $10 fee. Search by defendant name, case number, or date range. Requesters are required to pay a $0.20 per page fee to view documents.
• Criminal Background Checks: The Mississippi Department of Public Safety’s Criminal Information Center (CIC) offers statewide criminal background checks, including felony convictions, through its online portal. To request a background check, submit a fingerprint-based request (required for official checks) by using an MDPS-approved Livescan location. Provide the subject’s full name, date of birth, and Social Security Number. A fee of $32 is required for state-only checks
• Local Courthouses: One may visit the Circuit Clerk's office in the relevant county where the case was filed in person. Requesters may be required to provide a valid ID and the case details. Requests may require a processing fee ranging from $10 to $50 for searches/certified copies. Requests may also be made via mail
• Mississippi Department of Corrections (MDOC): The MDOC provides a public online tool to search for current and recent offenders. This is the quickest way to view basic criminal record details for those in custody or under supervision. To search, visit the MDOC Inmate Search page, enter the offender's full name or MDOC ID number. Click on Search.

Can Second Degree Felony Charges be Reduced or Dismissed?

In Mississippi, felony charges can potentially be reduced or dismissed, but the outcome depends heavily on the specifics of the case, the strength of the evidence, the defendant's criminal history, and the quality of legal representation. Strong evidence, such as eyewitnesses, video, or confessions, makes reductions harder, while weak cases or sympathetic circumstances, like first-time offender status, improve odds. Furthermore, prosecutors prioritize public safety, so violent second-degree felonies such as armed robbery face steeper hurdles than non-violent ones.

Under the Mississippi Rules of Criminal Procedure, a defendant can agree to plead guilty (or no contest) in exchange for concessions from the prosecutor. The prosecutor might suggest a lighter sentence, such as probation instead of prison time, especially for non-violent second-degree felonies. For certain felonies such as non-violent crimes or embezzling public funds, one might join a program that involves community service, counseling, or drug tests. If completed successfully, the offender’s charges could be dropped, and the offender may be able to expunge the record.

Furthermore, reducing a felony to a lesser charge, such as a misdemeanor, is possible through negotiation or motion. A defense attorney can file a motion to reduce based on evidentiary issues, like insufficient proof or violations of the offender’s rights during arrest. Full dismissal of charges is rarer but achievable if flaws such as a lack of evidence or procedural errors in the case emerge. Generally, quality legal representation is crucial. A skilled Mississippi criminal defense attorney can investigate weaknesses, negotiate aggressively, and explore alternatives like expert witnesses or suppression motions.

Is it Possible to Expunge or Seal a Second-Degree Felony or Murder Record in Mississippi?

Expungement is removing a criminal record from public access. This limited procedure is governed by Miss. Code Ann. §§ 99-15-26, 99-19-71 and related provisions. Whether a felony or murder charge can be expunged or sealed depends on the offense, case outcome, eligibility criteria, and judicial discretion. However, violent felonies like murder, aggravated assault, carjacking, and burglary are generally ineligible for expungement.

The following records are eligible for expungement:

• Dismissed felony court records
• Not guilty or non-prosecuted records
• Non-violent felonies
• Juvenile court records.

To request an expungement, requesters must verify their eligibility. They may then proceed to gather the relevant documents, such as the sentencing order, proof of sentence completion, and payment receipts. Afterwards, file a petition and attend the hearing if required). Then the court assesses rehabilitation and an approval leads to an expungement order sent to all agencies.

Expungement laws are complex, with nuances based on the specific offense, court jurisdiction, and personal history. A mistake in filing, such as missing a violent crime exclusion, can lead to denial and wasted fees. An attorney can evaluate eligibility, draft petitions, gather evidence of rehabilitation, and represent the offender at hearings.

How Long Do Second-Degree Felony Records Stay Public in Mississippi?

Convictions for felonies in Mississippi are public by default and remain accessible indefinitely. They may always be accessed through court records, background checks, and databases like the Mississippi Criminal Information Center unless they are expunged.