Range of Punishment

In Tennessee, like many other states, a framework exists that classifies criminal conduct based on the severity of the offense and the prior record of the individual. This framework mandates the amount of punishment a criminal defendant is subjected to if convicted. Crimes can be broadly categorized into misdemeanor and felony offenses.

Misdemeanor offenses are those crimes which carry a punishment less than 1 year of incarceration. These are classified as A through C misdemeanors and carry sentences from 30 days up to 11 months and 29 days (11/29). For purposes of this article I am generally concentrating on felony offenses, but it is important to recognize that some misdemeanor offenses have far reaching effects if convicted. For example, DUI has mandatory sentencing served day for day and enhancements with subsequent convictions. Domestic Violence convictions forfeit the defendant’s firearm rights potentially exposing a defendant to new criminal charges for possession of a firearm down the road. Every criminal case is serious and should be thoroughly examined and fully understood prior to any action being taken.

Felonies are generally classified from A through E with an A felony being the most serious crime and an E felony being the least serious. While most crimes follow the standard range guidelines, crimes such as homicide, rape, and firearm offenses may carry special sentence. Most of these classes of offenses are sentenced with enhanced minimum service prior to release on parole. Some offenses have no parole release eligibility. It is extremely important to understand these particular sentencing enhancements as they can lead to impossibly long terms of incarceration which are effectively life sentences.

It is also important to understand that previous convictions can be used against a defendant to “up range” the individual into a classification of harsher punishment. For example, a C felony aggravated burglary may carry 3 to 6 years (or less if mitigated) at Range I, but the same conviction carries 15 years as a career offender. Additionally, at Range I for the same aggravated burglary a criminal defendant reaches parole eligibility at 30% of their sentence. This means that a C felony conviction at Range I with a 6 year maximum sentence may allow parole at 1.8 years. The same conviction as a career offender carries a 60% release eligibility and requires 9 years for the first parole hearing.

There are many nuances and sentencing strategies that an experienced attorney can advise a criminal defendant about which can quite literally save the defendant’s life. It is always important to speak with an attorney when charged with a criminal offense and to understand the range of punishment and potential implications of a criminal conviction.

Aggravated Assault

A common criminal charge that I deal with is Aggravated Assault. The first place to start in evaluating a criminal case is a thorough review of the associated code. I strongly suggest the first thing a defendant do, after hiring experienced counsel, is to request a copy of, and review, the law they are accused of violating. It is impossible to have an intelligent conversation about the facts of a case if you’re not even sure what you are accused of.

For aggravated assault the proper code section is T.C.A. § 39-13-102. While there are additional ways an individual can commit aggravated assault, the most likely applicable sections of the code read as follows:

A person commits aggravated assault who:

Intentionally or knowingly commits an assault as defined in § 39-13-101, and the assault:

1. Results in serious bodily injury to another;

2. Results in the death of another;

3. Involved the use or display of a deadly weapon; or

4. Involved strangulation or attempted strangulation; or

Recklessly commits an assault as defined in § 39-13-101(a)(1), and the assault:

1. Results in serious bodily injury to another;

2. Results in the death of another; or

3. Involved the use or display of a deadly weapon.

As you may have guessed, T.C.A. 39-13-101 is the statute defining simple assault. There is a common misconception among the public that aggravated assault requires physical injury to the alleged victim. In fact, displaying a deadly weapon and the resultant fear can be equally as assaultive in the eyes of the state. I have dealt with many cases through the years where the individual accused was charged with a serious violent felony for the alleged display of something as simple as a pocket knife or ball bat.

When charged under the serious bodily injury qualification, it is equally important to be able to define serious bodily injury and understand the definition of what constitutes “serious”. Many times the alleged victims injuries have a tendency to increase in severity as a Court date nears. Retrieving and reviewing medical records often helps to build a solid defense.

Issues such as these, of which I have barely scratched the surface, need to be addressed with counsel to be able to effectively defend oneself from a criminal conviction for aggravated assault.