Mississippi Code
Miss. Code Ann. § 97-3-2 (2026)
Crimes of violence defined
✓ current as of July 2026
- (1) The following shall be classified as crimes of violence:
- (a) Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);
- (b) Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;
- (c) Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);
- (d) Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;
- (e) Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);
- (f) Kidnapping as provided in Section 97-3-53;
- (g) Human trafficking as provided in Section 97-3-54.1;
- (h) Poisoning as provided in Section 97-3-61;
- (i) Rape as provided in Sections 97-3-65 and 97-3-71;
- (j) Robbery as provided in Sections 97-3-73 and 97-3-79;
- (k) Sexual battery as provided in Section 97-3-95;
- (l) Drive-by shooting or bombing as provided in Section 97-3-109;
- (m) Carjacking as provided in Section 97-3-117;
- (n) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;
- (o) Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37;
- (p) Use of explosives or weapons of mass destruction as provided in Section 97-37-25;
- (q) Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;
- (r) Exploitation of a child as provided in Section 97-5-33;
- (s) Gratification of lust as provided in Section 97-5-23; and
- (t) Shooting into a dwelling as provided in Section 97-37-29.
- (2) In any felony offense with a maximum sentence of no less than five (5) years, upon conviction, the judge may find and place in the sentencing order, on the record in open court, that the offense, while not listed in subsection (1) of this section, shall be classified as a crime of violence if the facts show that the defendant used physical force, or made a credible attempt or threat of physical force against another person as part of the criminal act. No person convicted of a crime of violence listed in this section is eligible for parole or for early release from the custody of the Department of Corrections until the person has served at least fifty percent (50%) of the sentence imposed by the court.
Added by Laws, 2014, ch. 457, HB 585, 39, eff. 7/1/2014.
Notes of Decisions
Cited in 70
cases (40 in the last 5 years), 2000–2026 · leading case: Dennis Tyrell Miller v. State of Mississippi, 225 So. 3d 12 (Miss. Ct. App. 2017).
Dennis Tyrell Miller v. State of Mississippi, 225 So. 3d 12 (Miss. Ct. App. 2017). “” Miss. Code Ann. § 97-3-2 (1)(o). The circuit court rejected this argument, sentenced Miller as a violent habitual offender, and the hearing ended.”
Justin Johnston v. State of Mississippi, 214 So. 3d 317 (Miss. Ct. App. 2017). “]” 3 Miss. Code Ann. § 97-3-2 (l)(q). Under section 47-7-3(l)(g)(iii), any offender who has not committed a crime of violence under section 97-3-2 and has served twenty-five percent or more of his sentence may be paroled by the parole board if the sentencing judge authorizes the…”
Robert J. Dever v. State of Mississippi, 210 So. 3d 977 (Miss. Ct. App. 2017). “Finally, Dever contends that his plea was involuntary because the trial judge never informed him that he would be subject to limitations on early release because his offense was a crime of violence under section 97-3-2.”
Stegall v. State, 765 So. 2d 606 (Miss. Ct. App. 2000). “Any assault on another by shooting the other with a handgun is, in my opinion, by definition a reckless act under circumstances manifesting extreme indifference to human life, yet the intentional shooting of someone with a handgun is aggravated assault under subsection (b), not…”
Xavier Collins Johnson v. State of Mississippi, 235 So. 3d 1404 (Miss. 2017). “See also Miss. Code Ann. § 97-3-2 (c) (Rev. 2014).”
Courtney R. Logan v. State of Mississippi, 192 So. 3d 1012 (Miss. Ct. App. 2015). “harges separately brought and arising out of separate incidents at different times and who shall have been sentenced to and served separate terms of one (1) year or more, whether served concurrently or not, in any state and/or federal penal institution, whether in this state or…”
Kenneth R. Goldsmith v. State of Mississippi, 195 So. 3d 207 (Miss. Ct. App. 2016). “s separately brought and arising out of separate incidents at different times and who shall have been sentenced to and served separate terms of one (1) year or more, whether served concurrently or not, in any state and/or federal penal institution, whether in this state or…”
Kacy Williams v. State of Mississippi, 269 So. 3d 192 (Miss. Ct. App. 2018). “See Miss. Code Ann. § 97-3-2 (1)(c) (Rev. 2014); Davis v.”
Jerry Darnell v. State of Mississippi, 202 So. 3d 281 (Miss. Ct. App. 2016). “Miss. Code Ann. § 97-3-2 (a). The circuit court sentenced Darnell to twenty years with five years suspended, followed by five years of post-release supervision.”
Javon Brown v. State of Mississippi, 217 So. 3d 805 (Miss. Ct. App. 2017). “Section 99-19-81 requires proof that the defendant was twice previously convicted of a felony or federal crime and sentenced to separate terms of at least one year.”
Patrick Evans Clark v. State of Mississippi, 233 So. 3d 832 (Miss. Ct. App. 2017). “arges separately brought and arising out of separate1 incidents at different times and who shall have been sentenced to and served separate terms of one (1) year or more, whether served concurrently or not, in any state and/or federal penal institution, whether in this state or…”
Linda Fay Barnett-Phillips v. State of Mississippi, 195 So. 3d 226 (Miss. Ct. App. 2016). “Any offender, not having committed a violent crime under section 97-3-2, and having served twenty-five percent or more of her sentence, may be paroled by the Parole Board if the sentencing judge authorizes the offender to be eligible for parole consideration.”
— Miss. Code Ann. § 97-3-2(1) — 8 cases
Merlin Hardison v. State of Mississippi (Miss. Ct. App. 2021).
Chad Bowman v. State of Mississippi (Miss. 2019).
Latoria Brownlee v. State of Mississippi & Mississippi Dep't of Corr. (Miss. Ct. App. 2025).
Laronda Freelon a/k/a Denise L. Freelon a/k/a Denise Pearson v. State of Mississippi; (Miss. Ct. App. 2019).
Romello Wilson a/k/a Romello Curtis Wilson a/k/a Romello C. Wilson v. State of Mississippi; (Miss. Ct. App. 2024).
— Miss. Code Ann. § 97-3-2(1)(a) — 1 case
Cedric Andreal Blackmore v. State of Mississippi (Miss. Ct. App. 2023).
— Miss. Code Ann. § 97-3-2(1)(b) — 3 cases
Nomatter Gava-Hudson v. State of Mississippi (Miss. Ct. App. 2021).
Hartwell v. Cain (S.D. Miss. 2025).
Neal (N.D. Miss. 2025).
— Miss. Code Ann. § 97-3-2(1)(c) — 1 case
Christopher Carmel Burdine a/k/a Christopher Burdine v. State of Mississippi (Miss. Ct. App. 2026).
— Miss. Code Ann. § 97-3-2(1)(f) — 1 case
Romello Wilson a/k/a Romello Curtis Wilson a/k/a Romello C. Wilson v. State of Mississippi; (Miss. Ct. App. 2024).
— Miss. Code Ann. § 97-3-2(1)(m) — 1 case
— Miss. Code Ann. § 97-3-2(1)(n) — 1 case
Brandon Wayne King v. State of Mississippi (Miss. Ct. App. 2025).
— Miss. Code Ann. § 97-3-2(1)(o) — 1 case
Fredrickus Dashun Watson a/k/a Fredrickus Watson a/k/a Fredrickus D. Watson v. State of Mississippi (Miss. Ct. App. 2021).
— Miss. Code Ann. § 97-3-2(1)(s) — 1 case
Larry Knight v. State of Mississippi (Miss. Ct. App. 2023).
— Miss. Code Ann. § 97-3-2(2) — 8 cases
Romello Wilson a/k/a Romello Curtis Wilson a/k/a Romello C. Wilson v. State of Mississippi; (Miss. Ct. App. 2024).
Latoria Brownlee v. State of Mississippi & Mississippi Dep't of Corr. (Miss. Ct. App. 2025).
Chad Bowman v. State of Mississippi (Miss. 2019).
Merlin Hardison v. State of Mississippi (Miss. Ct. App. 2021).
Fredrickus Dashun Watson a/k/a Fredrickus Watson a/k/a Fredrickus D. Watson v. State of Mississippi (Miss. Ct. App. 2021).
— Miss. Code Ann. § 97-3-2(a) — 1 case
Stegall v. State, 765 So. 2d 606 (Miss. Ct. App. 2000). “Any assault on another by shooting the other with a handgun is, in my opinion, by definition a reckless act under circumstances manifesting extreme indifference to human life, yet the intentional shooting of someone with a handgun is aggravated assault under subsection (b), not…”
— Miss. Code Ann. § 97-3-2(l)(q) — 1 case
Justin Johnston v. State of Mississippi, 214 So. 3d 317 (Miss. Ct. App. 2017). “]” 3 Miss. Code Ann. § 97-3-2 (l)(q). Under section 47-7-3(l)(g)(iii), any offender who has not committed a crime of violence under section 97-3-2 and has served twenty-five percent or more of his sentence may be paroled by the parole board if the sentencing judge authorizes the…”
— Miss. Code Ann. § 97-3-2(l)(r) — 1 case
Robert J. Dever v. State of Mississippi, 210 So. 3d 977 (Miss. Ct. App. 2017). “Finally, Dever contends that his plea was involuntary because the trial judge never informed him that he would be subject to limitations on early release because his offense was a crime of violence under section 97-3-2.”
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