What are Aggravating and Mitigating Factors?

Most criminal offenses are subject to minimum and maximum sentences. Even so, certain circumstances, known as aggravating and mitigating factors, can have a great impact on your sentence length. These factors can persuade a judge to impose a minimum sentence (if you meet the criteria for one or more mitigating factors) or more time (if you meet the criteria for one or more aggravating factors).

Knowledge of how these factors can affect your case is essential to understanding your legal options. In this article, our Nashville criminal defense lawyers provide an overview of sentence ranges in Tennessee and aggravating and mitigating factors recognized under the law.

Sentence Ranges in Nashville, TN

The Tennessee legislature classifies felonies into six categories—Class A through Class E (most severe to least severe). Each felony classification will have minimum and maximum sentence lengths. Sentencing will be subject to a Range I, Range II, or Range III sentence. A Range I sentence is reserved for criminal defendants who have little or no prior record, a Range II sentence for defendants who have multiple felony convictions, and a Range III sentence for persistent offenders.

For defendants that have little or no criminal history, the following Range I sentence lengths will apply:

• Class A felony: 15 to 25 years;
• Class B felony: Eight to 12 years;
• Class C felony: Three to six years;
• Class D felony: Two to four years; and
• Class E felony: One to two years.

Aggravating or Enhancement Factors

TN Code §40-35-114 recognizes various aggravating factors, or circumstances that would enhance your liability and thereby increase your sentence. Below, we highlight common aggravating factors used by the prosecution:

• The defendant has a past criminal history or history of criminal behavior (beyond those used to determine the appropriate sentence range);
• The defendant was the leader of the criminal offense with two or more criminal actors;
• The offense involved more than one victim;
• The victim was vulnerable due to age or mental or physical disability;
• The defendant failed to comply with the conditions of pretrial release;
• The defendant used a deadly weapon during the offense;
• The felony either resulted in death or serious bodily injury, threat of death or serious bodily injury, or the defendant had previously been convicted of a felony that resulted in death or serious bodily injury; and
• The offense was an act of terrorism or related to an act of terrorism.

Mitigating Factors

The cornerstone of any criminal defense is based on finding circumstances that would reduce your criminal liability. The government will not seek out these factors, which is why you need an experienced criminal defense attorney who knows what to look for and how to obtain such information.

Common mitigating factors that our criminal defense lawyers may highlight include:

• The defendant was strongly provoked;
• The defendant played a minor role in the offense;
• The defendant paid the victim restitution or made a good faith effort to pay the victim restitution before being accused of the alleged crime;
• Due to either youth or old age, the defendant lacked the awareness needed to understand the gravity of the offense they were committing;
• The defendant was suffering from a mental or physical condition that significantly reduces their culpability (not counting the voluntary use of alcohol);
• The defendant assisted the authorities in the criminal investigation;
• The defendant acted under extremely unusual circumstances that would likely cause the defendant not to meet the statutory mental state required for the offense; and
• The defendant acted under duress or another person’s domination.

Ready to Get Started? Speak with Our Nashville Criminal Defense Lawyers Today

If you have been accused of a criminal offense, it is important that you work with skilled counsel. At Andrew C. Beasley, PLLC, our Nashville criminal defense team has successfully helped countless defendants significantly reduce their time behind bars. By uncovering circumstances that would reduce your criminal liability, our legal team can negotiate with the prosecution for a lighter sentence. If you are ready to schedule your free consultation, our Nashville office can be reached online or by phone at (615) 846-9889.