What Is a Lower Level (Third-Degree) Felony in Mississippi?

The State of Mississippi does not use the degree notation to classify felonies. The state does not have a general classification system, but determines the severity of crimes and their sentences through their specific statutes under Title 97, Chapter 1 to 49 of the Mississippi Code.

Mississippi recognizes capital crimes that may result in the death penalty, and life felonies where the punishment is life Imprisonment. There are also crimes whose severity and penalties compare them to second-degree or mid-level felonies. Additionally, there are lower-level crimes whose severity and punishment roughly compare to those of third-degree felonies. These crimes may result in 1 to 5 years' imprisonment. Crimes in this category do not involve intentional violence, but are serious enough to result in severe penalties, such as prison terms and fines of substantial amounts. Nonetheless, individuals guilty of offenses that fall into this category may qualify for probation if they fulfill certain criteria.

Common Offenses That Fall Under Lower Level (Third-Degree) Felony Charges

Third-degree felonies in Mississippi refer to lower-level crimes. These types of crimes do not involve intentional violence and may be punishable by imprisonment for 1 to 5 years, in addition to fines that range from a few thousand dollars to $ 10,000. The courts may also order defendants to make restitution to their victims to cover losses resulting from their crimes. Additionally, lower-level felonies may also result in permanent criminal records.

Crimes in Mississippi that are comparable to first-degree felonies include:

• Felony theft (grand larceny)
• Possession of a small amount of a controlled substance
• Third-offense DUI
• Credit card fraud or forgery
• Tampering with evidence.

Penalties and Sentencing for Third-Degree Felonies in Mississippi

The Mississippi Code classifies crimes into two broad categories: felonies and misdemeanors. In Mississippi, there is no general sentencing structure for felonies; the penalties for each crime are under its specific statutes. Offenses in the third-degree or lower-level felony category have penalties ranging from 1 year to 10 years imprisonment, plus fines of up to $10,000.00.

However, certain offenses may be eligible for probation if the offender fulfills the eligibility conditions. Furthermore, a judge may enter non-adjudication for an eligible non-violent crime and withhold formal judgment if the defendant pleads guilty. Under this arrangement, the defendant may avoid imprisonment by complying with the court-imposed conditions.

Other sentencing structures that may apply to lower-level felonies in Mississippi include pretrial diversion programs with consent of the defendant and prosecutor, and specialty or treatment court programs.

Will You Go to Jail for a Lower Level (Third-Degree) Felony in Mississippi?

Yes, a prison term is a possibility for a lower-level felony in Mississippi. Although Mississippi does not use the degree terminology to describe felonies, offenses within the lower level class may result in third-degree felony jail time. However, depending on the circumstances surrounding certain crimes, judges may impose alternative sentencing that may keep offenders out of jail. For instance, defendants who plead guilty to certain non-violent lower-level felonies may qualify for probation, pre-trial diversion, or specialty programs.

How Long Does a Lower Level (Third-Degree) Felony Stay on Your Record?

A lower-level or third-degree felony in Mississippi stays permanently on the offender's record unless the charges result in dismissal, acquittal, or the court expunges it. Once a felony arrest results in a conviction, it creates a permanent criminal record that is publicly accessible through background checks and public record requests, regardless of the number of years. These records may have long-term impacts on their owners. For instance, a lower-level felony conviction in Mississippi may hurt the convict's employment opportunities, housing options, social status, and licensing.

Mississippi does not automatically erase criminal records. Under the state's criminal laws, a lower-level felony conviction may result in a lifetime criminal record. However, § 99-19-71 of the Mississippi Code Annotated grants first-time offenders the right to petition for expunction of certain non-violent crimes, including lower-level felonies. In Mississippi, expungement of a criminal record makes it inaccessible to the public.

Can a Third-Degree Felony Be Sealed or Expunged in Mississippi?

Yes, Mississippi allows expungement of eligible felony records, including lower-level felonies. Expungement refers to a legal process that destroys certain criminal records, erasing them from official databases and making them inaccessible through background checks and public record requests. However, in Mississippi, this process does not destroy these documents. Rather, they are still accessible to authorized entities such as law enforcement and some courts.

Per § 99-19-71 of the Mississippi Code Annotated, certain non-violent criminal records (this also applies to lower-level felonies) may be eligible for expungement under strict conditions. Mississippi allows expunction of felony records if the charges result in dismissal, acquittal, or the case is resolved through non-adjudication. The state may also permit a one-time expunction for certain lower-level felonies if:

• It is the individual’s first and only felony
• The offender completes the sentence for the crime (including probation), makes restitution if applicable, and complies with all court-imposed conditions.
• The owner of the conviction record observes at least a 5-year waiting period from the date of completing the sentence for the crime.

Sealing a criminal record hides it and makes it inaccessible through public requests and background checks. Unlike expungement, sealed records are still accessible to law enforcement, the courts, and authorized government agencies. However, while Mississippi allows expungement of certain criminal records, the state does not have a record-sealing process.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Mississippi does not classify felonies using the degree-based system. Instead, the statutes for the crimes define their penalties. Nonetheless, based on the seriousness of crimes and their penalties, felonies in Mississippi fall into the following categories:

• Most serious felonies (first-degree)
• Serious felonies (second-degree)
• Lower-level felonies (third-degree).

Most serious (first-degree) felonies

First-degree or most serious felonies in Mississippi refer to violent crimes that, most of the time, involve weapon use, are life-threatening, and may result in fatalities. Crimes in this category include:

• Capital murder
• Rape
• Kidnapping
• Armed robbery.

Mississippi punishes offenders who commit the most serious felonies with sentences ranging from decades in prison to life imprisonment or the death penalty.

Serious felonies (second-degree)

Like the most serious crimes, offenses in Mississippi’s serious felony group involve significant violence and harm, but without the aggravating factors of the most serious felony category. Hence, their penalties are less harsh. Crimes in Mississippi that are considered serious felonies include:

• Manslaughter
• Burglary of a dwelling
• Aggravated assault
• Robbery without a weapon
• Possession of large quantities of a controlled substance.

The sentencing for felonies in Mississippi depends on the specific statute governing the crime. However, a conviction for an offense in this category may result in imprisonment for 5 to 25 years, in addition to fines that can range up to $10,000.00.

Lower-level felonies (third-degree)

While there is no official classification for felonies, Mississippi considers third-degree felonies to be lower-level, non-violent crimes. Nonetheless, these crimes carry significant penalties and serious consequences. A lower-level felony in Mississippi may result in up to 5 years' imprisonment, in addition to fines that can range up to $10,000.00.

How to Look Up Third-Degree Felony Records in Mississippi

The State of Mississippi provides several options for individuals to access felony records. Felony records are public court documents. The State of Mississippi Judiciary permits online access to court records (including those relating to lower-level felonies) through its Mississippi Electronic Court (MEC) System. For a $10.00 annual fee, interested individuals can register and access lower-level felony records through this online case access portal.

Mississippi's lower-level felony records may also be accessible through Mississippi’s county Circuit Courts. Individuals seeking access to these documents should identify the Circuit Court that handled the specific felony case, and visit or send mail requests to its clerk's office. View-only access to court records through this option is free; however, obtaining copies of documents may involve fees.

For a complete criminal history background check that may include lower-level felony records, record seekers should request Mississippi criminal history record checks through the Mississippi Department of Public Safety's (MDPS) Criminal Information Center (CIC). The CIC provides two options for criminal history checks:

• Online Name-based background check for individuals to request their own criminal history
• Form-based request (mail-in) for third-party access. This option requires the requester to complete an Authorization to Release Background Information Form (CIC/SPU 2.0) and mail it along with a copy of a valid state-issued identification document and a money order for $32.00 to:
  The Mississippi Department of Public Safety
  Attn: CIC/Background Checks
  3891 Highway 468,
  West Pearl,
  Mississippi 39208.

Mississippi's lower-level felony records may also be accessible online through third-party databases. However, documents from these unofficial sources may not be comprehensive.

Probation and Parole for Third-Degree Felony Offenders

In Mississippi, a judge may impose probation for a lower-level or third-degree felony under strict conditions. Under Mississippi laws, a judge can sentence a defendant to probation for a non-violent lower-level felony by discretion if the individual has no previous felony conviction and poses little risk to the public.

During the probation period, the offender is required to comply with court-imposed conditions such as:

• Regular check-ins with a probation officer
• Maintaining employment or education
• Completing treatment programs or community service

Furthermore, the probationer must refrain from engaging in new criminal activities.

Mississippi also allows for the early release of convicts of certain lower-level felonies. A lower-level felon in Mississippi may be eligible for parole after serving 25% of the prison sentence for the associated crime. However, parole is not applicable to repeat offenders and sex-related crimes. Additionally, eligibility does translate to automatic parole. The Mississippi Parole Board evaluates an inmate’s behavior, rehabilitation, and readiness to reintegrate into society before granting parole.