How Does a Judge Determine a Penalty?
If you are facing criminal charges, you might be wondering how a judge determines your punishment. A misdemeanor carries a maximum sentence of one year in prison, while a felony carries a minimum sentence of one year.
This applies to both federal and state laws. If you are found guilty of state charges, the penalty will be determined by statute. However, if you are convicted of a federal crime, your penalty will be determined by the guidelines laid out by the United States Sentencing Commission.
Keep reading to learn more about how judges determine penalties for both state and federal offenses.
Tennessee State Charges
TN Code §40-35-111, also known as the Tennessee Criminal Sentencing Reform Act of 1989, stipulates the following penalties for felonies and misdemeanors in Tennessee:
Felony (Most to Least Severe)
- Class A felony: 15-60 years in prison, a maximum fine of $50,000, or both;
- Class B felony: 8-30 years in prison, a maximum fine of $25,000, or both;
- Class C felony: 3-15 years in prison, a maximum fine of $10,000, or both;
- Class D felony: 2-12 years in prison, a maximum fine of $5,000, or both;
- Class E felony: 1-6 years in prison, a maximum fine of $3,000, or both.
Misdemeanors (Most to Least Severe)
- Class A misdemeanor: 11 months, 29 days in prison, a maximum fine of $2,500, or both;
- Class B misdemeanor: maximum of six months in prison, a maximum fine of $500, or both;
- Class C misdemeanor: maximum of 30 days in prison, a maximum fine of $50, or both.
However, if the law lists a different penalty range for a specific offense, then the statute will supersede the provisions listed in the Criminal Sentencing Reform Act.
Federal Charges
If you have been found guilty of a federal offense, the United States Sentencing Commission (USSC) has developed Federal Sentencing Guidelines to assist the court in determining a defendant’s sentence.
The guidelines take two major factors into consideration: the seriousness of the offense and if you have a past criminal history.
Offense Seriousness
Federal crimes have 43 levels of offense seriousness. This ranking is based on the severity of the offense.
Base Offense Level
The severity of a crime will determine the assigned base-level offense. A more serious crime, such as kidnapping, will be assigned a higher level.
Specific Offense Characteristics
Each type of crime has specific characteristics that may increase or decrease the base offense level. For example, fraud, which has a base offense level of 7, will have a two-level increase if the offense involves a loss of $6,000 or greater.
Adjustments
Adjustments may pertain to specifics regarding the offender or victim. They may include any of the following:
- The role the offender played in the crime
- Victim vulnerability
- Obstruction of justice
- If the offender is convicted on multiple counts
- If the offender accepted responsibility for his or her misconduct
Criminal History
A prior criminal history will increase a person’s prison sentence. Criminal history is based on six categories, with Category I including many first-time offenders and Category VI including offenders with serious criminal histories.
Mitigating and Aggravating Factors
However, if there are any mitigating or aggravating factors, a judge can deviate from the sentencing guidelines in determining your punishment. While a mitigating factor lessens a defendant’s culpability (resulting in a reduced sentence), an aggravating factor will increase your liability (resulting in an increased sentence).
Reach Out to Our TN Criminal Defense Attorney Today
A criminal conviction can prevent you from seeing your children win their first soccer match, graduate college, and even raise a family of their own. If you are looking for an attorney who will provide a reliable defense, Andrew C. Beasley, PLLC, is the only firm you need. To schedule your free consultation, contact us online or by phone.