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 Changes Mississippi Summer School for Lawyers June 24, 2014 Tony Lawrence District Attorney 19 th 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 judge
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 criminal act
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 less than 2g or 10 d.u. 0-8 years 0- $50,000 Sentence 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 trafficking 25 years life $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 Less than 30g *first time offender Amount of Drug More than 30g but less than 1 kilo *first time offender More than 30g but less than 1 kilo *Subsequent offender 0-3 years 0-$3,000 fine 0-5 years 0-$30,000 fine? Sentence 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) Drug 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) Drug 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 Sentence
Changes in Drug Sentencing 41-29-139(c)(1): Penalty for the possession of Schedule I & II controlled substances Amount of Drug Less than 0.1g or 2 d.u. 0.1g but less than 2g or 2 d.u. but less than 10 d.u. 2g but less than 10g or 10 d.u. but less than 40 d.u. 10g but less than 30g or 20 d.u. but less than 40 d.u. 30g or 40 d.u. or more = Trafficking 200g or more = Aggravated Trafficking Sentence Misdemeanor or 1 year 0- $1,000 0-3 years 0-$5,000 0-8 years 0-$25,000 3-20 years 0-$50,000 10-40 years (mandatory 10) $5,000-$1 million 25 years life $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 Penalty 30g or less More than 30g but less than 250g Misdemeanor 0-3 years and 0-$3,000 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 Less than 50g or less than 100 d.u. 50g -150g or 100 d.u. 500 d.u. 150g 300g or 500 d.u. -1000 d.u. 300g -500g or 1000 d.u. -2500 d.u. No Aggravated Trafficking for Sch. III, IV, V Sentence 0-1 year or Misd. 0-$1,000 1-4 years 0-$10,000 fine 2-8 years 0-$50,000 fine 4-16 years 0-$250,000 fine
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 Possession, PCS W/Intent, Transfer, Manufacture of 30g or 40d.u. or more Sch. I or II (except marijuana) Possession of 500g or 2500 d.u. Sch. III, IV, V PCS W/Intent, Transfer, Manufacture of 1 kilo or more marijuana or synthetic cannabinoids Sentence 10-40 years (mandatory 10) $5,000-$1 million 4-16 years 0-$250,000 fine 10-40 years $5,000 1 million
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, ERS, etc 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 sentence
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 2 nd 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 III, IV, or V
Changes in Property Crimes Grand Larceny 97-17-41(1) Value of Property Sentence Less than $1,000 Petit Larceny 97-17-43 3 rd offense Petit Larceny where property is not less than $500 0-3 years 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 $1,000 or more 0-10 years 0-$10,000 $25,000 or more 0-20 years 0-$10,000 Sentence 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 3 rd offense where property is not less than $500 0-3 years and 0-$1,000 $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 property
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 1 st offense, $1,000 or less Misdemeanor 2 nd offense, $1,000 or less Misdemeanor 3 rd or subsequent (in 7 yrs) $500 - $1,000 Sentence 0-3 years and 0-$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 $1,000 or less Misdemeanor $1,000 or more 0-5 years 0-$1,000 3 rd offense where property is $500 or more 0-3 years 0-$1,000 fine Sentence
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 misdemeanor Receiving Stolen Property (4) states a felony is $1,000 or more (7) states a misdemeanor is when property does not exceed $1,000 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 sentence 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 center: 1 st not to exceed 90 days 2 nd not to exceed 120 days 3 rd not to exceed 180 days or remainder of sentence 4 th 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 drug court 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
Non-Adjudication 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 47-5-1003(1) 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