what is a misdemeanor charge?

In Mississippi, a misdemeanor is a criminal offense that is less serious than a felony but still carries potential jail time, fines, and a criminal record.

A misdemeanor is typically punishable by:

• Up to 6 months in jail (in most cases, served in a county or municipal jail—not prison)
• Fines (often up to $1,000, though this varies by statute)
• Or both jail time and fines

• Simple possession of a small amount of marijuana (first offense, in some cases)
• Simple assault (non-aggravated)
• Shoplifting (under a certain dollar amount)
• Disorderly conduct
• DUI (first offense is usually a misdemeanor)
• Trespassing

Yes—unless it’s expunged. A misdemeanor conviction becomes part of your criminal record and can show up on background checks.

Yes. 

Most misdemeanors in Mississippi carry:

• Up to 6 months in jail
• Up to $1,000 in fines (but varies from charge to charge)

Some offenses (like DUI) have specific enhanced penalties.

Not always. Many cases result in:

• Fines
• Probation
• Suspended sentences

Jail is more likely if:

• You have prior offenses
• The facts are serious
• You violate probation

Not always. Many cases result in:

• Fines
• Probation
• Suspended sentences

Jail is more likely if:

• You have prior offenses
• The facts are serious
• You violate probation

Often, yes. Generally:

• First-time convictions may be eligible for expungement
• Some non-convictions (dismissed, not guilty) can also be expunged

There are limits on how many times you can expunge.

• Municipal Court: city charges (like traffic or city ordinance violations)

• Justice Court: county misdemeanor charges

Both handle lower-level criminal cases.

Yes. 

In Mississippi:

• You have 30 days to perfect the appeal

• The appeal is de novo (a completely new trial) in county or circuit court

No jury trial. Only a bench trial with the judge.

Yes, in some situations:

• Repeat offenses (like multiple DUIs)
• Higher amounts (e.g., shoplifting over a threshold)
• Certain aggravating factors

• Enter a plea (guilty, not guilty, or no contest where applicable) - recommended to enter a not guilty
• In a not guilty is entered, then the court schedules a trial date or pre-trial conference
• Bond or conditions may be addressed

Instead of jail, the court may order:

• Supervised or unsupervised probation
• Conditions like fines, classes, or no new arrests

Violation can lead to jail time.

Yes, but be aware of the following:

• Paying a fine is the same as pleading guilty
• Paying a fine creates a conviction on your record

A few months or longer (especially if appealed).

It depends on the case, but common defenses include:

• Lack of evidence
• Constitutional violations
• Witness credibility issues
• Negotiating a reduction or dismissal

Most speeding violations are treated as minor traffic offenses.  The penalty is usually includes:

• A fine
• Court costs
• Possible impact on your driving record

But the statute says, in part: "First conviction thereof be punished by a fine of not more than One Hundred Dollars ($100.00) or by imprisonment for not more than ten (10) days; for a second such conviction within one (1) year thereafter such person shall be punished by a fine of not more than Two Hundred Dollars ($200.00) or by imprisonment for not more than twenty (20) days or by both such fine and imprisonment; upon a third or subsequent conviction within one (1) year after the first conviction such person shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment."

Miss. Code Ann. § 63-9-11

Any person who drives any vehicle in such a manner as to indicate either a wilful or a wanton disregard for the safety of persons or property is guilty of reckless driving. Reckless driving shall be considered a greater offense than careless driving.Every person convicted of reckless driving shall be punished upon a first conviction by a fine of not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00), and on a second or subsequent conviction he may be punished by imprisonment for not more than ten (10) days or by a fine of not exceeding Five Hundred Dollars ($500.00), or by both.

Miss. Code Ann. § 63-3-1201

Any person who drives any vehicle in a careless or imprudent manner, without due regard for the width, grade, curves, corner, traffic and use of the streets and highways and all other attendant circumstances is guilty of careless driving. Careless driving shall be considered a lesser offense than reckless driving.Every person convicted of careless driving shall be punished by a fine of not less than Five Dollars ($5.00) nor more than Fifty Dollars ($50.00).

Miss. Code Ann. § 63-3-1213

We work to:

• Fight the charge and protect your record
• Negotiate reductions or dismissals
• Guide you through appeals
• Pursue expungement when available