What to Know About Tennessee Sentencing Guidelines

The sentencing phase of the criminal proceedings process requires careful attention due to its potential long-term effects, including loss of liberty, financial hardship, and social stigma. This blog outlines the complexities of sentencing guidelines, providing insights into how they function, the role of judicial discretion, and the factors that impact sentencing decisions.

Understanding Sentencing Guidelines

Tennessee has sentencing guidelines that aim to promote consistency and fairness in criminal sentencing across the state. These guidelines provide a structured framework for judges to consider when determining appropriate punishments for convicted offenders. With this standardized approach, the goal is to reduce disparities in sentencing based on factors unrelated to the crime itself.

The guidelines outline a range of potential sentences for different types of offenses, taking into account various factors, including aggravating circumstances. While judges retain discretion in determining the final sentence within the specified range, the guidelines provide a valuable tool for ensuring that similar cases are treated similarly. The Tennessee Sentencing Reform Act played a pivotal role in establishing these guidelines.

Types of Crimes & Sentencing Ranges

Tennessee's criminal code categorizes offenses into felonies and misdemeanors, with varying degrees of severity within each category. How a crime is classified is determined on the nature of the offense and the laws defining the offense.

A closer look at the differences between felonies and misdemeanors is as follows:

Felonies are serious crimes punishable by imprisonment for one year or more. Tennessee law further divides felonies into classes A, B, C, D, and E, with Class A being the most severe. Examples of felonies include murder, rape, robbery, aggravated assault, drug trafficking, and theft of property exceeding a specific value.
Misdemeanors are less severe offenses typically punishable by fines and/or imprisonment for less than one year in a county jail. Tennessee classifies misdemeanors as Class A, B, or C. Misdemeanor offenses encompass a broad range of crimes, such as simple assault, theft of property below a specific value, driving under the influence (DUI), and possession of small amounts of drugs.

Factors Affecting Sentencing

Different crimes carry a different set of penalties, including the range of time a person can be imprisoned. For instance, while a Class A felony is punishable by 15 to 60 years in prison, a Class B felony only carries a potential eight to 30 years, and a Class C felony is punishable by three to 15 years of imprisonment. What factors influence that range?

Several factors influence the sentencing decisions made by Tennessee courts. Such factors include:

Prior criminal history. An offender's previous convictions and the nature of those offenses play a key part in sentencing. A history of criminal activity may result in harsher penalties.
Severity and nature of the offense. The type of crime committed is a primary determinant of sentencing. Violent offenses, for instance, typically carry heavier penalties than non-violent crimes.
Aggravating factors. These circumstances can increase the severity of a sentence. Examples include the use of a weapon, causing serious bodily injury, or targeting a vulnerable victim.

It is important to note that while these factors play a crucial role in sentencing, the specific weight given to each factor can vary depending on the circumstances of the case and the discretion of the judge.

Tennessee Sentencing Guidelines & Judicial Discretion

Judicial discretion affords judges the authority to make sentencing decisions within the sentencing range. This flexibility allows for consideration of various factors beyond the crime itself.

Judges may weigh elements such as victim impact statements, which provide insights into the crime's consequences, and other details including in the pre-sentencing report and revealed in court. For instance, the defendant's behavior during the investigation and trial, including remorse or defiance, can also influence sentencing.

The Role of a Defense Attorney in Sentencing

The importance of having a skilled defense attorney cannot be overstated. Beyond offering you tailored counsel and potentially achieving an acquittal, a seasoned attorney becomes important in mitigating the potential consequences of a conviction, as they can advocate for leniency.

When presenting mitigating circumstances, a defense attorney can provide the court with a comprehensive understanding of the defendant's character, background, and the factors that contributed to the offense. A compelling presentation of mitigating circumstances can significantly influence a judge's sentencing decision.

Your defense attorney can also play a pivotal role in plea negotiations. By thoroughly evaluating the strengths and weaknesses of the case, an attorney can assess the potential outcomes of a trial and negotiate a favorable plea agreement. This can often result in a reduced charge or a more lenient sentence, sparing the defendant the uncertainties and potentially harsher penalties associated with a trial.

Understanding Sentencing Procedures

A person’s sentence is either determined in their plea agreement or following the determination of their guilt. With plea agreements, both sides negotiate and then outline the sentencing terms in writing and submit their plea to the court, where a judge can approve the deal.

In instances where guilt is determined at trial, the sentencing can occur immediately after the verdict is read or at a follow-up hearing. Sentencing hearings are much more common, especially in cases involving a felony offense. Before the hearing sentence, the court will order a pre-sentence investigation to be conducted.

A pre-sentence investigation (PSI) report is compiled by a probation officer and includes information that can help determine sentencing and influence the judge’s ruling, such as:

Statements from the defendant’s family members, employer, and/or coworkers.
Statements and information from the prosecution, defense counsel, law enforcement officers, victims, and other relevant parties.
Information concerning the defendant’s family history, ties within the community (especially in gang-related offenses), criminal history, history with substance abuse or other forms of addiction, financial situation, school and employment history, prior convictions, and more.
Information concerning the case and the victims (if any).
Evidence to support mitigating or aggravating factors.

The PSI report is sent to the court, defense, and prosecution for review. At the sentencing hearing, both sides can ask the defendant questions to clarify information included in the report and how it should impact the court’s decision concerning a fair sentence.

Let Us Help with Your Defense

Eldridge and Cravens, PC is committed to helping our clients understand each part of the criminal defense process, including the case circumstances that can affect sentencing. Having offered clients defense counsel for decades, we have built a reputation for being caring, professional, and committed to excellence.

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Get started on your defense today. Call (865) 544-2010!