Tennessee Criminal Lawyer Blog

The word “consecutive” is a word that can strike fear into the heart of any criminal defendant. That single word can make decades’ worth of difference in defendants’ sentencing hearings, transforming multiple convictions into one extended prison term. Where sentences are imposed “consecutively” in Tennessee, they run back-to-back, meaning four sentences of four years each could result in a sentence of sixteen years. When sentences are imposed “concurrently” they all run at the same time, meaning those four convictions would net the defendant four total years of jail time. Since consecutive sentencing is an incredibly harsh punishment in many cases, Tennessee law requires that certain factors be met in order to sentence a defendant consecutively. One such factor is that the defendant is a “professional criminal.”

In State v. Talley, the Tennessee Court of Criminal Appeals upheld consecutive sentences for a defendant who was labeled as a “professional criminal,” by the trial court. In placing this label on the defendant the court looked to the defendant’s prior convictions, the defendant’s work history, and the length of time between incarcerations. Unfortunately for the defendant, none of these categories proved favorable for him and his convictions were affirmed.

The best way for a defendant to fight the label of “professional criminal,” will depend upon the circumstances of the case and the defendant’s history. Obviously the defendant stands a better chance of avoiding the label if he or she has not committed the same offense several times previously. It will also be helpful if the defendant does not have a lengthy criminal history and that the defendant’s criminal history has large gaps between offenses, showing that he or she has not made a career out of criminal activity. Also, since the label contains the word “professional,” it may help the defendant to show that he or she has been able to make a living doing something that is not some form of criminal activity. Which parts of this label a defendant wants to attack will depend on the circumstances of the case and the defendant’s history. A skilled criminal defense attorney will be able to rely on past experience and professional judgment in order to determine how to best avoid this categorization.

Source: State v. Tally, 35 TAM 6-22, 12/8/09, Jackson, Glenn, 7 pages.