Category: Sentencing
3 reasons why you need an attorney
If you are facing criminal charges for a DUI in Knoxville, the last thing you should do is represent yourself. You may feel tempted to forgo hiring an attorney so you can save money. But the costs relating to the consequences you face are often more expensive. Being charged with a DUI means you may
Court Upholds 32 Year Sentence in Child Rape Case
Trial court sentencing decisions in Tennessee criminal cases are presumed on appeal to be reasonable when the sentence is within the range of options provided by the applicable sentencing statutes for the crime at issue. Within a range of possible sentences defined by statute for a particular crime, criminal trial courts have discretion to select
Sentence Based on “Professional Criminal” Factor Upheld
When sentencing a defendant found guilty of multiple crimes, a trial court must not only determine the specific sentence for each crime, but also determine whether those sentences should be served at the same time or stacked consecutively. A few crimes and circumstances require consecutive sentencing. But in many cases, the decision is left to the
Trial Court Has Wide Discretion in Weighing Sentencing Factors
Since the 2005 amendments to the Sentencing Act in Tennessee, trial courts were afforded expanded discretion in the consideration of enhancement and mitigating factors and in selecting a sentence within the appropriate statutory range for a criminal offense. In addition to no longer requiring enhancement factors to impose a sentence anywhere within the statutory range, the Sentencing
Consecutive Sentencing Upheld in a Vehicular Homicide Case
In criminal sentencing for multiple convictions where the convictions are not required by law to run consecutive to each other, the trial court can, in the court’s discretion, impose the convictions consecutively if the court finds one of several specific statutory conditions apply. The conditions are listed in Tennessee Code Annotated 40-35-115(b). One of those conditions is