Felony and misdemeanor classes in Mississippi

Crime classes in Mississippi

Good to know

Mississippi has no felony classes or degrees. The prison term and fine are written into each offense law, so they differ from one crime to the next.¹

Grand larceny has three levels: $1,000 to under $5,000 (up to 5 years in the penitentiary), $5,000 to under $25,000 (up to 10 years), and $25,000 or more (up to 20 years). Each level also allows a fine of up to $10,000, or both. Amounts taken from one victim are added together.³

Petit larceny (under $1,000) carries up to 6 months in county jail, a fine of up to $1,000, or both, with limits on when the court may impose jail time. A third or later petit larceny conviction where the property was worth $500 or more can be punished by up to 3 years in the penitentiary.⁴

When theft is a felony in Mississippi

In Mississippi, stealing personal property worth $1,000 or more is grand larceny, a felony. From $1,000 to under $5,000 it carries up to 5 years in the penitentiary, a fine of up to $10,000, or both; the maximum rises to 10 years at $5,000 and 20 years at $25,000. Below $1,000 it is petit larceny, which carries up to 6 months in county jail, a fine of up to $1,000, or both, with limits on when jail time is imposed.³

Miss. Code Ann. §§ 97-17-41, 97-17-43 · Felony theft amounts in every state

DUI in Mississippi

Mississippi's statute calls it DUI (driving under the influence). It covers being under the influence of alcohol or drugs, or having a blood alcohol concentration of 0.08% or more (0.02% under the legal drinking age, 0.04% in a commercial vehicle).

Repeat offenses

A third DUI is a felony if the offenses were committed within 5 years: 1 to 5 years in the custody of the Department of Corrections and a fine of $2,000 to $5,000. A fourth or later DUI is a felony with no time limit: 2 to 10 years and a fine of $3,000 to $10,000. A second DUI within 5 years is a misdemeanor, and a first DUI carries a fine of $250 to $1,000, up to 48 hours in jail, or both.

Which past offenses count

5 years for counting a second or third offense. A fourth or later offense counts earlier convictions "without regard to the time period." Out-of-state and tribal convictions within 5 years before the offense count.

Other felony versions

Negligently causing a death, or a mutilating or permanently disabling injury, while driving under the influence (aggravated DUI) is a felony for each victim, with 5 to 25 years. A commercial driver's license holder convicted of driving a commercial vehicle at 0.08% or more is guilty of a felony (2 to 10 years). DUI with a child under 16 in the vehicle (by a driver over 21) is a separate offense: a felony for a third or later conviction (1 to 5 years), or for any conviction that seriously injures or kills the child (5 to 25 years).

Miss. Code Ann. § 63-11-30(2)(c), (2)(d), (5), (7), (12)² · Felony DUI rules in every state

After a conviction

• Clearing or sealing a record in Mississippi: who qualifies, the wait and how to file.
• Voting after a felony in Mississippi
• How long a felony or misdemeanor stays on your record

Common questions