HABITUAL OFFENDER STATus
In Mississippi, a person may be classified as a habitual offender under Miss. Code Ann. § 99-19-81 or § 99-19-83, depending on their prior convictions. Being declared a habitual offender significantly increases sentencing exposure.
Key Notes:
- The prior felonies must occur before the commission of the new offense.
- Misdemeanors do not count toward habitual status.
- The court must make specific findings on the record about the prior convictions.
- Habitual status is often raised by the prosecution via amended indictment or sentencing enhancement motion.
Other Important Considerations:
- A prior out-of-state felony conviction can count if it would be a felony under Mississippi law.
- Habitual status can be waived only under limited circumstances, usually as part of a plea deal.
Two Main Habitual Offender Statutes
1. § 99-19-81 – Standard Habitual Offender (a/k/a "Little Habitual")
1. § 99-19-81 – Standard Habitual Offender (a/k/a "Little Habitual")
1. § 99-19-81 – Standard Habitual Offender (a/k/a "Little Habitual")
A person qualifies if:
- They have two prior felony convictions arising from separate incidents, and
- Each conviction led to a separate term of imprisonment of at least one year.
Consequence:
The offender must serve the maximum sentence allowed for the current felony without eligibility for parole, probation, or early release.
Example: If the offense carries up to 20 years, the court must sentence to 20 years with no chance of release.
2. § 99-19-83 – Violent Habitual Offender (a/k/a “Big Habitual”)
1. § 99-19-81 – Standard Habitual Offender (a/k/a "Little Habitual")
1. § 99-19-81 – Standard Habitual Offender (a/k/a "Little Habitual")
A person qualifies if:
- They have two prior felony convictions, and at least one was a crime of violence (as defined by Mississippi law),
- The person was sentenced to and served separate terms of one year or more for each conviction.
Consequence:
The person is sentenced to life imprisonment without parole.
The offender will never be released unless the law changes or they're granted clemency.
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