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 who had been charged with the same crime, had received a different offer from the District Attorney. It’s a common question for criminal lawyers, but explaining why some criminal defendants receive different offers is impossible without knowing all of the circumstances surrounding the other case. There are a number of key factors and knowing the charges is only one part of the equation in determining possible sentences.
Key Factors which determine a criminal sentence in Tennessee
- 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).
- 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.
- 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.
If you have been charged with any criminal offense in Nashville or Middle Tennessee, you should always consult with a Nashville criminal defense attorney. Call our Nashville Lawyers today at 615-829-8259 to discuss your case.
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