Mississippi State law

Note on this entry

Aggravated assault includes causing injury to a child who is in the process of boarding or exiting a school bus in the course of a violation of § 63-3-615 (§ 97-3-7(2)(a)(iii)).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Protected relationships (§ 97-3-7(3), (4)): a current or former spouse of the defendant or a child of that person; a person living as a spouse or who formerly lived as a spouse with the defendant or a child of that person; a parent, grandparent, child, grandchild, or someone similarly situated to the defendant; a person who has a current or former dating relationship with the defendant (as defined in § 93-21-3); or a person with whom the defendant has had a biological or legally adopted child. Aggravated domestic violence includes strangling or attempting to strangle another ('strangle' means restricting the flow of oxygen or blood by intentionally applying pressure on the neck, throat, or chest by any means, or intentionally blocking the nose or mouth by any means). Committing the offence in the physical presence or hearing of a child under 16 living in the victim's, perpetrator's, or offence residence is an aggravating factor in sentencing under subsections (3), (4), and (5). A person convicted under subsection (4) or (5) is not eligible for parole until he or she has served 1 year of the sentence. Counselling or treatment to bring about the cessation of domestic abuse may be a condition of any suspended sentence, with the defendant paying all or part of the cost. The court may issue a criminal protection order prohibiting any contact with the victim (municipal and justice courts: maximum 1 year; circuit and county courts: any period deemed necessary); the sentencing order must include the 'domestic violence' designation. Reasonable discipline of a child, such as spanking, is not an offence under subsections (3) and (4).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Civil protection orders (Title 93, Chapter 21), priors beyond tier, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Child homicide is manslaughter where the killing, although without malice, was intentional and not accidental, the perpetrator was over 21 years of age, and the victim was a child under 18 years of age (§ 97-3-25(2)).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

First-degree murder: killing with deliberate design; felony murder during a felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with a child under 12, nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child (§ 97-5-39(2)); or killing with deliberate design to effect the death of an unborn child. Second-degree murder: depraved-heart killing. Capital murder: killing of a peace officer or fireman acting in or by reason of official capacity (with knowledge); by a person under sentence of life imprisonment; by bomb or explosive device; for hire; during rape, burglary, kidnapping, arson, robbery, sexual battery, unnatural intercourse with a child under 12, nonconsensual unnatural intercourse, or felonious child abuse/battery (or attempt); on educational property; of an elected official (with knowledge); of 3 or more persons incident to one act, scheme, course of conduct, or criminal episode; of more than 3 persons within a 3-year period; or of a witness, confidential informant, or cooperator (or suspected cooperator) because of that status or to prevent cooperation.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

A criminal sexual assault protection order may issue on conviction (minimum 2 years after the expiration of any sentence of imprisonment and subsequent supervision); knowingly violating it is a misdemeanour (fine up to $500 and/or county jail up to 6 months, consecutive, plus a 1-year extension per violation). Neither the victim's consent nor the victim's lack of chastity is a defence to a charge of statutory rape. In cases where the victim is under 16, penetration need not be proved where the child's genitals, anus, or perineum have been lacerated or torn in the attempt to have sexual intercourse.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

The total value of property taken and carried away by the person from a single victim is aggregated in determining the gravity of the offence.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Motor vehicle theft (§ 97-17-42), priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Restitution to the victim for all damages shall be ordered in all cases. Value is the cost of repair or replacement of the property damaged or destroyed. The value of property destroyed, disfigured, or injured by the same party as part of a common crime against the same or multiple victims may be aggregated, and if it exceeds $1,000 it is a felony. A person who by any word, deed, or act directly or indirectly urges, aids, abets, suggests, or otherwise instills in the mind of another the will to so act is considered a principal and punished in the same manner.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

The total value of the forgery by the person from a single victim is aggregated in determining the gravity of the offence (§ 97-21-33(3)).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Weights are the entire weight of any mixture or substance containing a detectable amount of the controlled substance; if a mixture contains more than one controlled substance, the weight is assigned to the substance resulting in the greater punishment. Possession at or above the trafficking thresholds is punished as trafficking (see the drug-trafficking entry). First and second convictions for possession of 30 g or less of marijuana or 10 g or less of synthetic cannabinoids are recorded in a private, nonpublic record for up to 2 years and expunged — not a criminal record for private or administrative inquiry. Paraphernalia possession (§ 41-29-139(d)(1)): misdemeanour, county jail up to 6 months or fine up to $500, or both (not chargeable alongside possession of 30 g or less of marijuana). Actions lawful under the Mississippi Medical Cannabis Act are exempt (§ 41-29-139(i)).

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Federal law, priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Trafficking thresholds (§ 41-29-139(f)(2)): a subsection (a) violation involving 30 g or more or 40 or more dosage units of a Schedule I or II substance (except marijuana and synthetic cannabinoids); a subsection (a) violation involving 500 g or more or 2,500 or more dosage units of a Schedule III, IV, or V substance; a subsection (c) possession violation involving 30 g or more or 40 or more dosage units of a Schedule I or II substance (except marijuana and synthetic cannabinoids); a subsection (c) possession violation involving 500 g or more or 2,500 or more dosage units of a Schedule III, IV, or V substance; or a subsection (a) violation involving 1 kg or more of marijuana or 200 g or more of synthetic cannabinoids. Aggravated trafficking (§ 41-29-139(g)): trafficking in 200 g or more of a Schedule I or II substance (except marijuana and synthetic cannabinoids). Sentence mitigation (§ 41-29-139(h)): the court may reduce a mandatory sentence to no less than 25% of the prescribed sentence if the offender was not a leader of the criminal enterprise, used no violence or weapon, the offence caused no death or serious bodily injury to a non-party, and the interests of justice so require; the court must specify the circumstances on the record.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Federal law, priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

§ 97-37-1 exceptions: § 45-9-101 (enhanced carry permit holders); any person over 18 carrying a firearm or deadly weapon concealed within his own home or place of business, any real property associated with his home or business, or any motor vehicle; and a person engaged in a legitimate weapon-related sports activity or going to or returning from it (hunting, fishing, target shooting, or any other legal activity normally involving a firearm or other weapon). 'Concealed' excludes a weapon carried in a wholly or partially visible sheath, belt or shoulder holster, scabbard, or case. § 97-37-5 exceptions: pardon, relief from disability under 18 U.S.C. § 925(c), or a certificate of rehabilitation. § 97-37-17 exceptions include weapons used solely for educational or school-sanctioned ceremonial purposes or in a school-approved supervised program, Armed Forces/militia/National Guard/law enforcement personnel on duty, competitors in organised shooting events, and a firearm in a motor vehicle by a non-student who does not brandish, exhibit, or display it in a careless, angry, or threatening manner.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Other Title 97, Chapter 37 offences not tiered, priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Offence (§ 63-11-30(1)): driving or otherwise operating a vehicle while under the influence of intoxicating liquor; under the influence of any other substance that has impaired the person's ability to operate a motor vehicle; under the influence of any drug or controlled substance the possession of which is unlawful under the Mississippi Controlled Substances Law; or with an alcohol concentration of 0.08% or more (age 21 or older), 0.02% or more (under 21), or 0.04% or more (commercial motor vehicle). Second and subsequent convictions: in-depth diagnostic assessment, and treatment if the assessment shows a need. Ignition-interlock restriction may be ordered as a condition of probation or post-release supervision for up to 5 years. Out-of-state and tribal convictions within 5 years count toward second, third, fourth, or subsequent offence status. A qualifying first offence may be nonadjudicated under § 63-11-30(14); a commercial driver's licence or commercial learning permit holder at the time of the offence is ineligible. Test refusal brings an additional administrative suspension of driving privileges.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Note on this entry

Computer fraud includes inserting or attaching, or knowingly creating the opportunity for an unknowing and unwanted insertion or attachment of, a set of instructions or a computer program into a computer program, computer, computer system, or computer network, intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use computer services. 'Computer network' includes the Internet. For offences against computer users and intellectual property, the total value of property taken, stolen, or carried away by the person from a single victim is aggregated in determining the gravity of the offence.

Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Other Title 97, Chapter 45 offences not tiered, priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.