How Can Past Convictions Affect Sentencing for New Crimes?

In Tennessee, legal penalties are heavily influenced by an individual’s criminal history. If you are facing criminal charges it is important for you to understand how your past convictions can affect sentencing for new crimes. Reach out to a skilled Memphis criminal defense attorney for more information on your legal rights and obligations during your case.

What Are Tennessee’s Sentencing Guidelines?

Each state enforces its own guidelines for prison time for each level or type of crime that outlines the minimum and maximum sentence that can be given. Tennessee has three ranges for felony offenses. They are as follows.

Range I:

• Class A felony: 15 to 25 years
• Class B felony: 8 to 12 years
• Class C felony: 3 to 6 years
• Class D felony: 2 to 4 years
• Class E felony: 1 to 2 years

Range II:

• Class A felony: 25 to 40 years
• Class B felony: 12 to 20 years
• Class C felony: 6 to 10 years
• Class D felony: 4 to 8 years
• Class E felony: 2 to 4 years

Range III:

• Class A felony: 40 to 60 years
• Class B felony: 20 to 30 years
• Class C felony: 10 to 15 years
• Class D felony: 8 to 12 years
• Class E felony: 4 to 6 years

The range that will apply to your offense depends on the details of your crime and any mitigating or aggravating factors.

How Can My Past Convictions Affect Sentencing for New Crimes?

Tennessee law demonstrates a court’s ability to enhance a defendant’s sentence based on aggravating factors. Some of those factors include the following.

1. The defendant has a previous history of criminal convictions/behavior
2. The offense involved more than one victim
3. A victim of the offense was a member of a vulnerable group of people
4. The defendant possessed or used a firearm during the offense
5. The defendant acted with disregard for human life

A court may issue enhanced sentencing if the defendant has prior convictions, especially if they are for the same or a similar offense that they are facing currently.

For example, suppose that a defendant with no criminal history commits theft of $5,000 worth of products. This is a class D felony. Because there are no aggravating factors like a criminal record or the use of a firearm, the judge may decide to use range I guidelines when sentencing. In this case, they will receive 2 to 4 years in prison.

However, if that same individual commits theft again 5 years later, the judge may not be so lenient. The fact that they have prior convictions of the same offense is a red flag and proves that their time in jail did not deter them from criminal behavior. Because of this, the judge may enhance their penalties to a range II where they could face 4 to 8 years.

If you are facing criminal charges in Tennessee it is crucial that you obtain skilled representation. Reach out to an experienced attorney today.