Sevierville, TN asked in Criminal Law for Mississippi

Q: My nephew is in mdoc custody for aggravated assault. His sentence was 20 years with 10 suspended. When could he parole?

He was on bond 1 year prior to sentencing and has served 2 years. He has no previous criminal history (he was 18 going in and had no juvenile record). He has completed the drug/alcohol classes and has been eligible for 30/30. His estimated released date is in 22 months. He has had no disciplinary actions while serving. He has a home that he owns, he did technical welding classes and is promised a job. He has a lot of family support. I would like to know if there is any law that would support his early release or parole? He was sentenced in pearl river county and serving in meridian ms.

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1 Lawyer Answer
Arthur Calderon
PREMIUM
Arthur Calderon
Answered
  • Criminal Law Lawyer
  • Madison, MS
  • Licensed in Mississippi

A: Unfortunately, with the way that the law is written, a person convicted for a violent crime, which includes aggravated assault, is not eligible for parole; however, with recent activity pertaining to the relevant statute, there is an open question as to whether a person convicted for a crime of violence is eligible for earned time after having served 50% of their time, and when that time actually starts accruing (immediately upon conviction and receiving credit, or once they pass the 50% mark).

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