Presumptive Sentences in Tennessee
Criminal sentencing can be a confusing issue for many defendants. For example, if a defendant is looking at a Class B felony conviction, he or she will be looking at eight to thirty years. Obviously there is a huge difference between serving eight years in prison and serving thirty years in prison, meaning the decision-making process behind determining where in the range of possible sentences to sentence a defendant is of primary importance in criminal cases.
Tennessee law sets forth a “presumptive sentence” for each of its five felony classifications. Being the “presumptive sentence” means that sentence is the appropriate one for that felony classification in the absence of mitigating or enhancement factors. Most importantly for criminal defendants, the use of a presumptive sentence forbids the court from imposing a higher sentence unless the sentencing court determines that enhancement factors exist by a preponderance of the evidence. For Class B, C, D, and E felonies, the presumptive sentence is the minimum sentence in the applicable range, meaning:
- For Class B felonies, the presumptive sentence is eight years
- For Class C felonies, the presumptive sentence is three years
- For Class D felonies, the presumptive sentence is two years
- For Class E felonies, the presumptive sentence is one year
Class A felonies are distinct from the other four types for purposes of presumptive sentencing. The presumptive sentence for a Class A felony is the midpoint of the fifteen to sixty year range, which would be approximately thirty seven years and six months. Since these felonies are the most serious under Tennessee law and are reserved for the most serious of offenses, the law allows for an increased presumptive sentence in order to appropriately punish the crime and protect society. Nevertheless, presumptive sentences are an important safeguard for criminal defendants, ensuring that their sentences are not enhanced arbitrarily or unreasonably.
Bookmark: 
