Asked in Criminal Law for Mississippi

Q: In mississippi can you be sentenced as habitual if you didn't go to prison for 1 of the 3 felonies and got probation.

Mississippi law says in order to be sentenced as habitual, you have had to serve 2 prior felony convictions of more than 1 year in a "penal institution". But what if one of those felonies were served and completed on probation?

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1 Lawyer Answer
Arthur Calderon
Arthur Calderon
  • Criminal Law Lawyer
  • Cleveland, MS
  • Licensed in Mississippi

A: You can be sentenced as a habitual offender. The only qualifier is whether a person was sentenced to any felony where the punishment could be at least a year in a penal institution, which would include probation.

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