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Major changes in criminal law

Anthony N. Lawrence, III

Tony Lawrence was born in Pascagoula, Mississippi on April 3, 1965. He is the son of
Anthony & Darla Lawrence of Pascagoula. He graduated from Our Lady of Victories
High School in 1983. He attended The University of Southern Mississippi, receiving a
Bachelor of Science Degree in History and Political Science in 1987. He attended The
University of Mississippi School of Law, receiving his Juris Doctor Degree in 1990. He
was admitted to the practice of law that year. He also is admitted to practice law in all
courts in the State of Alabama.
Mr. Lawrence began his practice in a general litigation firm and tried civil lawsuits in
both Mississippi and Alabama. He served as Assistant District Attorney from 1996 to
1999 in the Nineteenth Circuit Court District and as a Special Prosecutor in other Circuit
Court Districts in the State of Mississippi. He joined the law firm of Colingo, Williams,
Heidelberg, Steinberger, & McElhaney on September 20, 1999, and practiced primarily
in the area of medical malpractice defense. Mr. Lawrence was elected District Attorney
for Jackson, George, and Greene Counties in November 2003 and is presently serving in
that position, having been reelected in 2007 and 2011.
Mr. Lawrence is a member of the Mississippi Bar, Alabama Bar, Jackson County Bar, the
National District Attorneys Association, the Mississippi Prosecutors Association and the
Association of Government Attorneys in Capital Litigation. He has served as Special
Judge in the Jackson County Youth Court.
Mr. Lawrence has served as Vice-President, President-Elect and President of the
Mississippi Prosecutor's Association and on the Board of Directors for 7 years. He was
appointed by Governor Haley Barbour to serve on the Children's Justice Act Task Force.
Mr. Lawrence has been an Adjunct Instructor of Criminal Investigations at the
Mississippi Gulf Coast Community College – Jackson County Campus and the
University of Southern Mississippi at the Long Beach campus. Mr. Lawrence was
appointed by Governor Phil Bryant to the Judicial Appointment Governor Advisory
Committee and the Governor's Teen Pregnancy Task Force.
He has served as President of the Singing River Soccer Club, and was a founding officer
in the Mississippi Coast Futbol Club. He has coached youth sports for approximately 27
years and served as coach for the Resurrection High School Varsity Girls Soccer Team
for 8 years and as head coach for Resurrection Varsity Boys Soccer Team for 5 years. He
coached Resurrection High School Mock Trial Team for over 15 years and volunteers as
a Guest Lecturer in area schools. He is married to Anita Lawrence, the former Anita
Williamson, and they have two children, Taylor age 23, and Bay age 19. They attend
Our Lady of Victories Catholic Church.

Criminal Law Update:
New Legislative
Mississippi Summer School for Lawyers Tony Lawrence
District Attorney 19th Judicial District

Crimes of Violence Defined
§97-3-2
(a) DUI Causing Injury or Death §63-11-30(5) & DUI Child Endangerment §63-11-30(12)(d) (b) Murder §97-3-19, 97-3-23, 97-3-25 and Attempted Murder § 97-1-7(2) (c) Manslaughter §97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45, 97-3-47 (d) Aggravated Assault & Aggravated Domestic Violence §97-3-7(2)(a), (b) and 97-3-7(4)(a)

Crimes of Violence Defined
(e) Killing of an Unborn Child §97-3-37(2)(a) and §97-3-37(b) (f) Kidnapping §97-3-53 (g) Human Trafficking §97-3-54.1 (h) Poisoning §97-3-61 (i) Rape §97-3-65 and 97-3-71 (j) Robbery §97-3-73 and 97-3-79 (k) Sexual Battery §97-3-95

Crimes of Violence Defined
(l) Drive-by Shooting or Bombing §97-3-109 (m) Carjacking §97-3-117 (n) Felonious Neglect, Abuse or Battery of a Child §97-5-39 (o) Burglary of a Dwelling §97-17-23 & 97-17-37 (p) Use of Explosives or WMDs §97-37-25 (q) Statutory Rape §97-3-65  Classification is rebuttable on hearing by a

Crimes of Violence Defined
(r) Exploitation of a Child §97-5-33 (s) Gratification of Lust §97-3-23 (t) Shooting into a Dwelling §97-37-29 (2) Other crimes catch-all  If any other crime with a penalty of no less than five years, judge may classify as crime of violence if facts show the defendant used physical force, made a credible attempt or threat of physical force against another person as part of the

Significance in Defining
Crimes of Violence
• Not eligible for Drug Court • Not eligible for Pre-Trial Intervention • Not eligible for ISP • Not eligible for Non-adjudication • Affects parole eligibility

Changes in Drug Sentencing
• §41-29-139(b)(1): Sale, Transfer, PCS w/Intent, Manufacture of Schedule I (Heroin, MDMA) or Schedule II (Cocaine, Meth)  Except marijuana & synthetic cannabinoids Amount of Drug
Sentence

less than 2g or 10 d.u.
0- 8 years
0- $50,000
2-10g or 10-20 d.u.
3-20 years
0- $250,000
10-30g or 20-40 d.u.
5-30 years
0- $500,000
More than 200g is aggravated
25 years – life
trafficking
$5,000-$1 million

Changes in Drug Sentencing
• §41-29-139(b)(2): Sale, Transfer, PCS W/Intent, Manufacture of Schedule I - Marijuana and synthetic cannabinoids Amount of Drug
Sentence
Less than 30g
0-3 years
*first time offender
0-$3,000 fine
More than 30g but less than 1
0-5 years
kilo *first time offender
0-$30,000 fine
More than 30g but less than 1 kilo ?
*Subsequent offender
1 kilo or more = Trafficking
10-40 years
$5,000 – 1 million
No Aggravated Trafficking
Changes in Drug Sentencing
• §41-29-139(b)(4): Sale, Transfer, PCS W/Intent, Manufacture of Schedule III (anabolic steroids, Vicodin) or Schedule IV (Xanax, Valium) Sentence
less than 2g or 10 d.u.
0- 8 years
0- $5,000
2-10g or 10-20 d.u.
0-8 years
0- $50,000
10-30g or 20-40 d.u.
0-15 years
0- $100,000
No aggravated trafficking
for Sch. III or IV
Changes in Drug Sentencing
• §41-29-139(b)(5): Sale, Transfer, PCS W/Intent, Manufacture of Schedule V (Robitussin AC, Phenergan with Codeine) Sentence
less than 2g or 10 d.u.
0- 1 year
0- $5,000
2-10g or 10-20 d.u.
0-5 years
0- $10,000
10-30g or 20-40 d.u.
0-10 years
0- $20,000
No aggravated trafficking for
Sch. III or IV
Changes in Drug Sentencing
• §41-29-139(c)(1): Penalty for the possession of Schedule I & II controlled substances Amount of Drug
Sentence
Less than 0.1g or 2 d.u.
Misdemeanor or 1 year
0- $1,000
0.1g but less than 2g or
0-3 years
2 d.u. but less than 10 d.u.
0-$5,000
2g but less than 10g or
0-8 years
10 d.u. but less than 40 d.u.
0-$25,000
10g but less than 30g or
3-20 years
20 d.u. but less than 40 d.u.
0-$50,000
30g or 40 d.u. or more =
10-40 years (mandatory 10)
Trafficking
$5,000-$1 million
200g or more = Aggravated
25 years – life
Trafficking
$5,000 -$1 million
No Change in Possession of
Marijuana Sentencing
• §41-29-139(c)(2): Possession of Marijuana or Synthetic Cannabinoids Amount of Drug
30g or less
Misdemeanor
More than 30g but less than
0-3 years and 0-$3,000
250g
250g but less than 500g
2-8 years and 0- $50,0000
500g but less than 1 kilo
4-16 years and 0-$250,000
1 kilo but less than 5 kilo
6-24 years and 0-$500,000
5 kilo or more
10-30 and 0- $1 million
Changes in Drug Sentencing
• §41-29-139(c)(3): Penalty for the possession of Schedule III, IV & V Controlled Substances Amount of Drugs
Sentence
Less than 50g or
0-1 year or Misd.
less than 100 d.u.
0-$1,000
50g -150g or
1-4 years
100 d.u. – 500 d.u.
0-$10,000 fine
150g – 300g or
2-8 years
500 d.u. -1000 d.u.
0-$50,000 fine
300g -500g or
4-16 years
1000 d.u. -2500 d.u.
0-$250,000 fine
No Aggravated Trafficking
for Sch. III, IV, V
Trafficking
• §41-29-139(f): Penalty for Trafficking of Controlled Substances  Eliminates requirement of 3 violations within 12 month period, 2 of which in different counties Amount of Drugs
Sentence
Possession, PCS W/Intent, Transfer,
10-40 years (mandatory 10)
Manufacture of 30g or 40d.u. or more
$5,000-$1 million
Sch. I or II (except marijuana)
Possession of 500g or 2500 d.u.
4-16 years
Sch. III, IV, V
0-$250,000 fine
PCS W/Intent, Transfer, Manufacture
10-40 years
of 1 kilo or more marijuana or
$5,000 – 1 million
synthetic cannabinoids
Trafficking
• Aggravated Trafficking §41-29-139(g)  200g or more of Sch. I or II, except marijuana • Does not apply to Sch. III, IV, or V  Penalty: 25 years to life, $5,000 to $1 mill
• Sentence under this section shall not be reduced, suspended, is not eligible for probation, parole,  Judge may consider certain factors to lessen the mandatory sentence • Defendant not leader in criminal enterprise, no violence or weapon used, no serious injury resulted, interests of justice not served by imposition of the mandatory Trafficking
• §41-29-139(f)(3): Trafficking does not apply to any person who furnishes information and assistance to the bureau, or its designee, which in the opinion of the judge should or would have aided in the arrest or prosecution of others who violate this subsection Changes in Drug Sentencing
• §41-29-313(1)(c): Possession of Precursor Chemicals or Drugs  Sentence: 0-8 years, $5,000-50,000 fine

• §41-29-313(d)-(g): If PPC and in possession of controlled substance that can be manufactured by the precursors Amount of Drugs
Sentence
PCS 2g or less
0-8 years and 0-$50,000
PCS 2g-10g
0-10 years and 0-$50,000
PCS 10g-30g
3-20 years and 0-$250,000
PCS more than 30g
3-20 years and 0-$250,000
Problems in Drug Sentencing
• No penalty provided for 2nd or subsequent offense of PCS w/Intent, Transfer, Manufacture of 30g -1 kilo of Marijuana  Penalty would be 0-5 years • No penalty provided for Trafficking of Schedule III, IV, or V • No Aggravated Trafficking for Schedule Changes in Property Crimes
• Grand Larceny §97-17-41(1)
Value of Property
Sentence

Less than $1,000
Petit Larceny §97-17-43
3rd offense Petit Larceny where
0-3 years
property is not less than $500
0-$1,000
$1,000 – less than $5,000
0-5 years
0-$10,000
$5,000 – less than $25,000
0-10 years
0-$10,000
$25,000 or more
0-20 years
0-$10,000
Total value taken from one victim shall be aggregated to determine the gravity of the offense Does not appear to have a time limitation for aggregation (like shoplifting) Changes in Property Crimes
• Grand Larceny §97-17-41(2)
 Church, synagogue, temple Value of Property
Sentence
$1,000 or more
0-10 years
0-$10,000
$25,000 or more
0-20 years
0-$10,000
• Total value taken from one victim shall be aggregated to determine the gravity of the offense Changes in Property Crimes
• Taking of a Motor Vehicle §97-17-42
Value of Vehicle
Sentence
$1,000 or less
Misdemeanor
$1,000 but less than $5,000 0-5 years
0-$10,000
$5,000 but less than $25,000 0-10 years
0-$10,000
$25,000 or more
0-20 years
0-$10,000
• If convicted for second or subsequent offense, sentencing is twice the term authorized based on the value of the vehicle Changes in Property Crimes
• Malicious Mischief §97-17-67 & §97-17-39
Value of Property
Sentence
$1,000 or less
Misdemeanor
3rd offense where property is 0-3 years and 0-$1,000
not less than $500
$1,000 – less than $5,000
0-5 years and 0-$10,000
$5,000 – less than $25,000
0-10 years and 0-$10,000
$25,000 or more
0-20 years and 0-$10,000
• The value of the property destroyed by the same party as part of a common crime against the same or multiple victims may be aggregated together, and if the value exceeds $1,000, shall be a felony • The value shall be the cost of repair or replacement of the Changes in Property Crimes
• Receiving Stolen Property §97-17-70
Changes in Property Crimes
• Forgery
 §97-21-29, 97-21-33, 97-21-37, 97-21-59  May aggregate total value from a single victim Changes in Property Crimes
• Embezzlement §97-23-19
• No other embezzlement sections appear to be affected Changes in Property Crimes
• Sentencing schedule 0f Grand Larceny also applies to the following crimes  Taking produce or fence §97-17-47
 Obtaining property or equipment by
false representation §97-17-62
 Scrap Metal Laws §97-17-71
 Computer Fraud & Intellectual
Property crimes §97-45-3, 97-45-5, 97-45-
7, 97-45-9
Changes in Property Crimes
• Shoplifting §97-23-93
Value of Property
Sentence
1st offense, $1,000 or less
Misdemeanor
2nd offense, $1,000 or less
Misdemeanor
3rd or subsequent (in 7 yrs)
0-3 years and 0-$1,000
$500 - $1,000
$1 ,000 but less than $5,000
0-5 years and 0-$10,000
$5,000 but less than $25,000 0-10 years and 0-$10,000
More than $25,000
0-20 years and 0-$10,000
 May aggregate the value of merchandise from 3 separate establishments within same jurisdiction over a period of not more than 30 days Changes in Property Crimes
• Obtaining personal property of
another under lease or rental
agreement §97-17-64
Amount of Property
Sentence
$1,000 or less
Misdemeanor
$1,000 or more
0-5 years
0-$1,000
3rd offense where property
0-3 years
is $500 or more
0-$1,000 fine
Issues with Property Crimes
• What happens when property value is exactly $1,000?  Larceny: under $1,000 is a misdemeanor
 Malicious Mischief: $1,000 or less is a
 Receiving Stolen Property
 (4) states a felony is $1,000 or more  (7) states a misdemeanor is when property does not exceed  Taking of a Motor Vehicle
 States $1,000 or less is a misdemeanor  Refers to §97-17-41 for sentencing, which provides $1,000 or more is a felony  Shoplifting
 (7) states a felony exceeds $1,000  Refers to §97-17-41 for sentencing, which provides $1,000 or more is a felony New Crime
• Organized Theft §97-43-3.1
(1) It shall be unlawful for any person to conduct, organize, supervise or manage, directly or indirectly, an organized theft or fraud enterprise (2) It shall be unlawful for any person who has, with criminal intent, received any proceeds or services derived, directly or indirectly, from an organized theft or fraud enterprise  This section applies to:  Shoplifting, Computer Fraud, Fraudulent Use of Identity, False Information, Fraud by Mail or Other Means, Fraudulent Use of Identification, Obtaining Personal Identity Information Without Authorization  Penalty = 0-20 years, $25,000 fine
Some Crimes Not Changed
• False Pretense §97-19-39
– $500 or more is felony
– Penalty = 0-10 years, $10,000 fine

• Credit Card Fraud §97-19-21
– $100 or more is felony
– Penalty = 0-3 years, $3,000 fine

• ID Theft §97-45-19
– $250 or more is felony
– Penalty = 2-15 years, $10,000 fine
Parole Eligibility
• Crimes of violence
 §97-3-2(2): not eligible for parole or early release until they have served at least 50% of their • Geriatric Parole
 §47-7-3(g)(ii): if age 60 or above and who has served at least 10 years shall be eligible for parole  Not eligible if: habitual offender, crime of violence, trafficking of controlled substance, sex crime, has not yet served ¼ of the sentence, offense specifically prohibits parole release Parole Eligibility
• §47-7-3(g)(i): Not eligible for parole if convicted of crime of violence, sex crime, or other crime that specifically prohibits parole release • §47-7-3(g)(iii): nonviolent offenders who have served 25% of their sentence may be eligible for parole if the sentencing judge recommends parole to the Parole Board & the Parole Board approves • Conflict in language: No parole for violent offenders or parole after 50% of sentence Probation
• Section 55 (to be codified under §47-7-_)  Allows MDOC to provide measures for probationers to "reduce the period of supervision for complying with conditions of probation." • Can award earned discharge credits • Credits shall not be awarded if offender has a violation report, absconded from supervision, serving time for a technical violation  Also mentioned in §47-7-37 Probation Revocation
§47-7-27 and §47-7-37
• Requires a hearing within 72 hours to determine reasonable cause • If cause is found, he may be held for no more than 21 days. "If the revocation hearing is not held within 21 days, the probationer shall be released from custody and returned to probation status." • Unless good cause for the delay is established in the record of the proceeding, the probation revocation charge shall be dismissed if the revocation hearing is not held within 30 days of the warrant being issued. Probation Revocation
• If revoked for a technical violation, probationer may be sent to technical violation or revocation  1st – not to exceed 90 days  2nd – not to exceed 120 days  3rd – not to exceed 180 days or remainder of sentence  4th – up to the remainder of the sentence • §47-7-2(q): "Technical violation" means any act or omission by the probationer that violates a condition of probation placed on the probationer by the court or probation officer Habitual Offender
§99-19-83
• Specifically provides that someone may be a life habitual if they were convicted twice previously upon charges separately brought, arising out of separate incidents at different times and who was sentenced to serve separate terms of 1 year or more "whether served concurrently or not" Drug Courts
§9-23-15
• Clarified eligibility for  No felony conviction for crime of violence within previous 10 years  No crimes of violence  No Burglary of a Dwelling or DUI Causing Death  No other pending crimes of violence  No Trafficking or have a prior Trafficking charge  PCS w/Intent and Transfer are eligible • AOC to establish certification process for all drug, veteran, and juvenile courts • Drug courts must submit data to AOC each month §99-15-26
 Not eligible if charged with:  Crime against the person  Crime of violence as defined in §97-3-2  Violation of §97-11-31 (public official)  Not eligible if crime is a "repeat offense"  Previously excluded anyone "having ever been convicted of a felony"  Not eligible if crime is Trafficking as defined in §41-29-139(f) Intensive Supervision
• Not eligible if convicted of:  A crime of violence pursuant to §97-3-2  A sex crime  Trafficking pursuant to §41-29-139(f) • Removes the following exclusions  Has been previously confined for a felony  Has been convicted of a felony involving the use of a deadly weapon Pre-Trial Intervention
§99-15-107
• Not eligible if charged with:  A crime of violence pursuant to §97-3-2  Trafficking pursuant to §41-29-139(f) • Removes the following exclusions:  Previously accepted into diversion  PCS W/Intent, Transfer, Manufacture

Source: http://msbar.org/media/622505/Criminal%20Law%20Update%20-%20Tony%20Lawrence.pdf