Recently, I had a client who was facing criminal charges in Nashville. It was a felony drug case and he faced a relatively lengthy sentence. He asked me why a friend of his who had been charged with the same offense had received a different plea offer from the Nashville District Attorney. It’s a common question, but explaining why the plea offers were different is impossible without knowing all of the circumstances surrounding the other case. The length of a criminal sentence in Tennessee depends on a number of factors and knowing the criminal charge or charges is only one part of the equation in determining possible sentences.

Key Factors which determine a criminal sentence in Tennessee

  1. The Criminal Charges. Each criminal offense in Tennessee carries a classification, either a Felony or a Misdemeanor. Felonies have sub-classifications from a Class A Felony (the most serious) to a Class E Felony (the least serious). Misdemeanors in Tennessee carry a sentence of less than 1 year and also have sub-classifications from a Class A Misdemeanor (the most serious) to Class C Misdemeanors (the least serious).
  2. The Range of the Offender. Tennessee criminal law classifies offenders as Range I, Range II or Range III offenders. Generally, the Range of a criminal offender in Tennessee can be determined by the number of prior convictions. The more times an individual is convicted of a felony, the harsher the sentences will become.
  3. Mitigating or Enhancing Factors. A mitigating factor is any circumstance which might lead the court to believe a lesser sentence is warranted. An enhancement would be circumstances which might lead the court to believe a harsher punishment is necessary.