Understanding Sentencing in Tennessee Criminal Courts
Sentencing in Tennessee is governed by a structured statutory framework designed to ensure consistency, fairness, and proportionality. Whether you are facing misdemeanor or felony charges, it is crucial to understand how sentences are determined, the possible sentence ranges, and the factors that can either mitigate or enhance your punishment.
Sentencing Ranges in Tennessee
Tennessee law divides felony offenses into five classes (A–E), each with its own sentencing range based on the severity of the crime and the defendant’s prior record. The sentencing ranges for each class are set out in Tennessee Code Annotated § 40-35-112:
| Felony Class | Range I (First Offender) | Range II (Multiple Offender) | Range III (Persistent Offender) |
|---|---|---|---|
| Class A | 15–25 years | 25–40 years | 40–60 years |
| Class B | 8–12 years | 12–20 years | 20–30 years |
| Class C | 3–6 years | 6–10 years | 10–15 years |
| Class D | 2–4 years | 4–8 years | 8–12 years |
| Class E | 1–2 years | 2–4 years | 4–6 years |
Source: Tenn. Code Ann. § 40-35-112
Misdemeanor sentences are generally capped at less than one year, with specific maximums depending on the class of misdemeanor.
Sentencing Considerations and Philosophy
The court must consider several statutory factors when determining whether to impose incarceration or alternative sentencing. These considerations are outlined in Tenn. Code
Ann. § 40-35-103:
- Protection of Society: Confinement is appropriate if necessary to protect the public by restraining the defendant.
- Deterrence: If less restrictive measures have been or are likely to be ineffective, incarceration may be warranted.
- Seriousness of Offense: The nature and circumstances of the offense may require confinement to avoid depreciating the seriousness of the crime.
- Potential for Rehabilitation: The court considers the defendant’s amenability to correction and likelihood of reoffending.
Source: Tenn. Code Ann. § 40-35-103
Mitigating and Enhancement Factors
When deciding the exact length and type of sentence within the applicable range, Tennessee courts weigh both mitigating and enhancement factors as set forth in Tenn. Code Ann. §§ 40-35-113 (Mitigating Factors) and 40-35-114 (Enhancement Factors).
Common Mitigating Factors (§ 40-35-113):
- The defendant played a minor role in the offense.
- The defendant acted under duress or domination of another.
- The defendant’s criminal conduct did not cause or threaten serious bodily injury.
- The defendant, although guilty, committed the offense under unusual circumstances unlikely to recur.
- The defendant made restitution to the victim.
Common Enhancement Factors (§ 40-35-114):
- The defendant has a previous history of criminal convictions or behavior.
- The offense involved more than one victim.
- The offense was committed to gratify the defendant’s desire for pleasure or excitement.
- The defendant was a leader in the commission of the offense.
- The victim was particularly vulnerable due to age or physical/mental disability.
- The defendant employed a deadly weapon or inflicted serious bodily injury.
Note: The court must state on the record which factors it relied upon in setting the sentence within the statutory range.
Special Sentencing Provisions and Recent Legislative Changes
Juvenile Sentencing:
As of 2025, Tennessee law allows life sentences for minors, but only under strict guidelines. Judges must consider the minor’s maturity, mental health, and potential for rehabilitation. Any life sentence imposed on a juvenile must be reviewed after 20 years (2025 Tennessee juvenile sentencing law).
Death Penalty for Child Rape:
A new 2025 law permits the death penalty for individuals convicted of raping a child under 12, introducing a bifurcated trial process and requiring the presence of aggravating circumstances. Mandatory appellate review is provided for any death sentence (2025 Tennessee law on child rape).
Sentence Credits, Parole, and Release Eligibility
Tennessee law provides for sentence credits and parole eligibility, which may reduce the actual time served. For certain offenses, such as first-degree murder, recent legislative proposals have sought to reduce the percentage of time that must be served before parole eligibility (SB0475, 2025).
Contact MJ Law for Guidance on Tennessee Sentencing
Sentencing in Tennessee is complex and highly dependent on statutory guidelines and judicial discretion. If you are facing criminal charges, the experienced attorneys at MJ Law can help you understand your exposure, fight for mitigating factors, and challenge any improper enhancements. Call us today for a confidential consultation.