By Jorie Zajicek and Ryan C. Davis
What Are the Felony Sentencing Ranges in Tennessee?
Tennessee classifies crimes as either Felonies or Misdemeanors. A Misdemeanor can range from Class A to Class C, with Class A being the most serious. If convicted of a Class A Misdemeanor, you are subject to up to eleven months and twenty-nine days in jail and a fine of up to $2,500. A Class B Misdemeanor is punishable by up to six months in jail and a fine of up to $500. A Class C Misdemeanor is punishable by up to thirty days in jail and a fine of up to $50.
Sentencing for a Felony conviction in Tennessee is determined, in part, based on the Felony class of the offense and the prior felony criminal history of the defendant. Depending on the Felony Class and the offender's criminal history, a felony conviction in Tennessee can carry a sentence from one year to up to sixty years in prison.
Similar to misdemeanors in Tennessee, felonies in Tennessee range from Class A, as the most severe, to Class E, the least severe. A Class A felony carries a possible sentence of fifteen to sixty years in prison and fines of up to $50,000. A Class B felony carries a possible sentence of eight to thirty years in prison and fines of up to $25,000. A Class C felony carries a potential sentence of three to fifteen years in prison and fines of up to $10,000. A Class D felony carries a possible sentence of two to twelve years in prison and fines of up to $5,000. A Class E felony carries a potential sentence of one to six years in prison and fines of up to $3,000. Where in that range a defendant falls will depend on what “Range” offender they are.
After a felony conviction, but before sentencing, the judge determines what “range” a defendant falls into for each class of felonies, based upon the defendant's criminal history. Sentencing range calculation is very complicated, but we will attempt to simplify it here. In short, the lower a defendant’s range is, the shorter the prison sentence will be and the earlier they will be eligible for parole.
The first range is called “Especially Mitigated,” which in reality is rarely found. But if a defendant has 0 priors and is deemed an especially mitigated offender, they can receive a 10% reduction in their sentence and are typically eligible for parole once 20% of the sentence has been served.
Next is a “Range 1- Standard” offender. In order to be deemed Range 1, a defendant can have only one prior felony conviction, depending on the class of that felony conviction. Range 1 offenders are typically eligible for parole after serving 30% of their sentence.
A defendant with two to four priors in the same felony class as the current charge, or two to four priors in any felony class higher than the current offense, will be deemed to be a “Range 2- Multiple” offender. Additionally, a defendant with one prior A Felony conviction, if the current charge is an A or B felony, will also be deemed a Range 2 offender. Range 2 offenders are typically eligible for parole after serving 35% of their sentence.
The next range is “Range 3- Persistent.” In order to be deemed a Range 3 offender, a defendant must have any of the following: 1) five or more felony convictions in the class of the offense charged, 2) five or more felony convictions in any higher class or within 2 classes down from the current offense, or 3) two prior A felony convictions. Additionally, if the current offense is an A or B felony, a defendant will be deemed a Range 3 offender if they have three prior convictions of any combination of A or B felonies. Range 3 offenders are typically eligible for parole after serving 45% of their sentence.
Finally, a defendant can be deemed a “Career Offender” under the following circumstances; If the current offense charged is an A, B, or C felony, any combination of six prior A, B, or C felonies would result in a determination that the defendant is a Career Offender. Additionally, If the current offense charged is an A or B felony, either three A felony convictions or a combination of four A or B felony convictions would qualify. Also, if the current offense charged is a D or E felony, any combination of six prior D or E felonies would result in Career Offender status. A Career Offender must typically serve 60% of their sentence before being eligible for parole.
At a sentencing hearing, a judge is given the discretion to sentence an offender within the applicable ranges for each felony class. When making sentencing decisions, the court looks to numerous factors, including the seriousness of the offense, public safety, and rehabilitation. The judge can also consider non-prison sentencing alternatives such as probation, work release, community service, and fines or restitution.
Also keep in mind that as of July 1, 2022, many felony offenses in Tennessee now carry a minimum 85% or 100% service of the sentence in prison. Thus, the Tennessee legislature has largely eliminated the ability of a judge to exercise his or her discretion for many offenses when determining how much of a defendant's sentence must be served in prison.
If you are facing misdemeanor or felony charges in Tennessee, it pays to have a lawyer who is familiar with Tennessee's criminal justice system and the complex sentencing guidelines. Call 615.649.0110 to schedule a consult with a qualified criminal defense attorney today.
