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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25393
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Under the 3 strikes law in Mississippi Department of Corrections

Resolved Question:

Under the 3 strikes law in Mississippi Department of Corrections do the three following offences classify someone as a habitual offender ( all of the following happened separately SEPARATE DATES)?

1 aggrivated assault
2 Uttery Forgery
3 2 counts of Burglary (not of an occupied dwelling)
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hello Jacustomer,

Mississippi has two different habitual offender statute the first reads:

Section 99-19-81
:
Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.

Under this statute, if you served at least a year on each prior felony, you could be sentenced to the max for the third felony under MIssissippi's habitual offender law.

The more serious statute reads as follows:

Section 99-19-83
Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges 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 in any state and/or federal penal institution, whether in this state or elsewhere, and where any one (1) of such felonies shall have been a crime of violence shall be sentenced to life imprisonment, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.

So he could get a life sentence for the burglary if he served separate sentences of a year or more for the other two crimes. The Aggravated assault would be a violent crime.

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Customer: replied 5 years ago.
So then they do have the right to classify him as a habitual offender for his third offense?
Expert:  Zoey_ JD replied 5 years ago.
Hello,

If on each of his other two felonies he served separate sentences of at least a year, then he could be sentenced to life this time for the burglary under Missississippi's habitual offender law. The assault is a violent, so he would be subject to the tougher of the three-strike laws.
Expert:  Zoey_ JD replied 5 years ago.
Hello,

Yes, they would have that right unless anything about any of the indictments were defective. If he has two separate prior felony convictions and has done at least a year, separately on each of them, and one of them is a violent, then no matter what sort of a felony his third case is he's a habitual offender an must be sentenced accordingly.

Basically, that means that he ought to find himself a very good lawyer. He has nothing to lose by trying this case and everything to gain.
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