Madison County Felony Defense Attorneys

A felony conviction is a life-altering event. In Mississippi, the legal system treats these offenses with the utmost gravity, often pursuing maximum penalties that can include decades in state prison and the permanent loss of your civil rights. If you or a loved one is under investigation or has been arrested, the clock is already ticking against you.

At Oberhousen Law Firm, we provide aggressive, sophisticated defense strategies for those facing serious charges. Our experienced felony lawyers understand the Madison County criminal court. We know that behind every case file is a person whose future hangs in the balance. Our mission is to protect that future through relentless advocacy and a deep understanding of Mississippi criminal law.

Need help with a felony case? Don't wait, get the legal support you deserve. Contact us now at (601) 202-4099 to discuss your case.

What is the Difference Between a Felony and a Misdemeanor in Mississippi?

In Mississippi, the distinction between a misdemeanor and a felony isn't just about the severity of the act; it’s about the long-term impact on your freedom.

• Misdemeanors: These are generally considered less serious crimes. They are typically handled in Justice or Municipal Courts. The maximum jail sentence for a misdemeanor is one year in a county jail, usually accompanied by fines of $1,000 or less.
• Felonies: A felony is any crime punishable by death or imprisonment in the State Penitentiary. Unlike misdemeanors, felony convictions are handled in Circuit Court.

The consequences of a felony extend far beyond the courtroom. A "felon" status can result in the loss of your right to vote (disenfranchisement for specific crimes), the loss of your right to possess a firearm, and significant hurdles when seeking employment, housing, or professional licensing.

Common Types of Felony Offenses

Mississippi code classifies a wide range of actions as felonies. At Oberhousen Law Firm, we have the experience necessary to defend against a variety of complex charges, including:

Drug Crimes

While simple possession of small amounts of certain substances may be a misdemeanor, possession with intent to distribute, trafficking, and the manufacture of controlled substances are high-level felonies that carry mandatory minimum sentences.

Violent Crimes

This category includes some of the most strictly prosecuted offenses in Madison County, such as:

• Aggravated Assault
• Armed Robbery
• Manslaughter and Murder
• Kidnapping

Property and White-Collar Crimes

Serious financial or property-based crimes can quickly escalate to felony status depending on the value of the items involved. This includes:

• Grand Larceny (theft of property valued at $1,000 or more)
• Embezzlement
• Commercial Burglary
• Identity Theft and Credit Card Fraud

Sexual Offenses

Charges such as sexual battery or exploitation of a child carry not only the risk of long-term imprisonment but also the requirement of lifetime registration as a sex offender.

Felony Penalties in MS

Mississippi does not use a "Class A, B, C" system like many other states. Instead, the penalties for felonies are written into the specific statute for each crime. This makes the sentencing landscape complex and highlights why having a Madison County felony attorney is vital for navigating the "fine print" of the law.

Potential penalties often include:

• Imprisonment: Sentences can range from one year to life without parole.
• Heavy Fines: Financial penalties for felonies can reach tens of thousands of dollars.
• Restitution: You may be ordered to pay the victim for any financial losses resulting from the crime.
• Probation and Post-Release Supervision: Even after leaving prison, you may be subject to strict monitoring that limits your travel and associations.

Note on Habitual Offender Laws: Mississippi has "Three Strikes" style laws (Section 99-19-81 and 99-19-83). If you have prior felony convictions, you could face the maximum possible sentence for your new charge without the possibility of parole or probation.

The Impact of a Felony Conviction on Employment Opportunities

A felony conviction can have a long-lasting impact on an individual’s ability to rebuild their life. After a conviction, finding employment can become a major hurdle.

• Limited Job Opportunities: Many employers are reluctant to hire individuals with felony records, especially for positions that involve high levels of responsibility or security. This can make it difficult to find stable work.
• Background Checks: Employers often perform background checks before hiring. A felony conviction may show up on these checks, leading to disqualification from job offers.
• Stigma and Discrimination: The stigma of a felony conviction can also affect an individual’s self-esteem and may lead to discrimination in the workplace, further hindering the chances of securing a job.
• Housing and Financial Issues: Securing housing after a felony conviction is also a challenge. Many landlords run criminal background checks and may refuse to rent to someone with a felony. Additionally, accessing credit or loans may be harder due to the conviction.

Despite these challenges, expungement and legal aid can provide a path to move forward, especially if individuals can demonstrate good behavior after their conviction.

Felony FAQs

Can a felony be expunged in Mississippi?

Yes, but only under specific circumstances. Under Miss. Code Ann. § 99-19-71, many first-time non-violent offenders can petition the court for an expungement five years after completing all terms of their sentence. However, certain crimes—like arson, trafficking, and violent crimes—are never eligible for expungement.

What is the "Preliminary Hearing"?

After a felony arrest, you are entitled to a preliminary hearing. This is a critical stage where your lawyer can challenge the state’s evidence. The judge determines if there is "probable cause" to bind the case over to a Grand Jury.

What does a Grand Jury do?

In Mississippi, a felony charge cannot proceed to trial unless a Grand Jury issues an indictment. This is a group of citizens who hear the prosecutor's evidence in secret to decide if there is enough proof to move forward with a trial.

Will I have to go to trial?

Not necessarily. Many felony cases are resolved through pre-trial motions to suppress evidence, dismissals due to lack of proof, or plea negotiations. However, Oberhousen Law Firm prepares every case as if it is going to trial to ensure we have maximum leverage at the bargaining table.

Contact Oberhousen Law Firm Today

The moment you suspect you are under investigation is the moment you should seek legal counsel. Silence is your best defense until you have an advocate by your side. At Oberhousen Law Firm, we offer confidential consultations to discuss the specifics of your case and help you understand the path forward.

Don't wait. Protect your rights and your reputation.

Facing felony charges? Protect your rights today. Contact us at (601) 202-4099 for a free consultation with an experienced attorney.