What are My Chances of Going to Jail?

Although Nashville offers tourists music, local landmarks, and a sought-after fashion scene, crime is no stranger to the Music City. In fact, Nashville prison populations are estimated to be among the highest in the nation, with violent crime topping the list. The court will consider various factors in determining a defendant’s sentence in Tennessee, with certain issues being given more consideration. Knowing what factors the court examines will help you stay better informed in making legal decisions.

The judicial system can be terrifying, making you want dependable counsel by your side. The Nashville criminal defense attorneys at Andrew C. Beasley, PLLC, are more than happy to review your case and provide our unbiased opinion.

The Specific Offense

The type of offense you are charged with will be the most prominent factor in how much time you will serve. As a general rule of thumb, a felony offense is characterized by more than one year in prison, while a misdemeanor generally involves less than one year in prison. Violent crimes typically have the longest sentences, with first-degree murder coming with potential life in prison without parole or the death penalty.

Your Criminal History

The state of Tennessee has three sentencing ranges based on a criminal defendant’s past criminal history. A defendant who has little or no criminal record will be subject to a Range I sentence, while defendants who have multiple felony convictions will have their punishment based on a Range II sentence. The most severe range group, Range III, is reserved for those who have an extensive criminal history. A Class A felony (the most severe felony offense in Tennessee) is subject to 40 to 60 years in prison as a Range III sentence, while the same charge is only punishable by 15 to 25 years under Range I sentencing.

Alternative Sentencing

If you have no priors and have good standing in your community, you may be eligible for alternative sentencing. Alternative sentencing is generally available for misdemeanor charges. Tennessee alternative sentencing includes diversion programs, house arrest (the most common form being electronic monitoring), community service, and probation (serving time under the supervision of a probation officer instead of in jail). Common pretrial diversion programs include substance abuse treatment, mental health counseling, and other rehabilitative programs.

Mitigating and Aggravating Circumstances

Mitigating and aggravating circumstances include any factors that can impact your sentence. While mitigating factors will reduce your culpability and afford you a more lenient sentence, aggravating factors will increase your culpability, thereby increasing your sentence. Mitigating factors may include whether the defendant played a minor role in the offense, whether the defendant acted under duress, or whether the defendant was provoked. Aggravating factors may include whether the defendant has a past criminal history, whether the victim was particularly vulnerable, or whether a deadly weapon was used. The prosecution will be inclined to view aggravating factors while ignoring any mitigating circumstances.

Working with an Experienced Criminal Defense Attorney

An experienced Nashville criminal defense lawyer will know what strategies to employ to afford you the most lenient sentence. Upon conducting a thorough investigation, a criminal defense attorney will gather pertinent information related to your case. Our criminal defense attorneys have a unique perspective, having served as prosecutors and one of our team members as a magistrate. This allows us to better deduce what strategies the prosecution will use, always keeping us one step ahead of the government.

Contact Our Nashville Criminal Defense Lawyers Today

If you or a loved one is facing allegations of criminal conduct, our Nashville criminal defense attorneys are available to assist you. We are proud to serve as a legal cornerstone for the Nashville community. Our knowledge, experience, and training have helped us secure the best possible outcome for numerous criminal defendants. To learn more or to arrange your free consultation, contact Andrew C. Beasley, PLLC, online or by calling (615) 846-9889.