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Courtroom

COMMON QUESTIONS ABOUT CRIMINAL LAW

What are the differences in felonies and misdemeanors?

  • In Tennessee (and just about everywhere else), a felony offense is one that carries over a year of potential incarceration

  • There are 5 classes of felony in Tennessee (range of possible incarceration)

    • A Class (15 - 60 years)​

    • B Class (8 - 30 years)

    • C Class (3 - 15 years)

    • D Class (2 - 12 years)

    • E Class (1 - 6 years)

  • The range of sentencing depends on prior felony convictions, whether in Tennessee or elsewhere​, and various statutory sentencing factors the court will consider if a sentencing hearing is held

  • A misdemeanor offense carries a maximum of 11 months and 29 days of incarceration

  • Misdemeanors can be resolved of in General Sessions Court but felonies can only be resolved Criminal Court, unless pled down to a misdemeanor in Sessions

When is my loved one going to be released from custody?

  • Many factors play a role in when a term of incarceration ends, but ultimately it is up the timekeepers at the facility in question and what they send to the Department of Correction monthly for calculation of a sentence

  • If the person in question is in for a violent offense, that person will generally be last in consideration for release

  • Disciplinary record while in custody will be considered, as will any rehabilitative measures the person has taken while in custody

  • You can check to see when a felony sentence in Tennessee is scheduled to expire at the following site: https://www.tn.gov/correction/agency-services/foil.html

Why is the bail set where it is in a particular case?

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  • ​In Tennessee, bail amounts are generally set by statute

  • The upper limit of a bail amount is as follows:

    • $1,000, if charged with a misdemeanor​

    • $10,000, if charged with a felony not involving a crime committed against another person

    • $50,000, if charged with a felony involving a crime committed against a person

    • $100,000, if the charge is some form of homicide

  • Keep in mind, those amounts are for each charge individually​

  • If the clerk setting the initially bail amount finds the defendant to be a flight risk according to the factors set forth by §40-11-118, the upper limit on the bail amount can be raised above the upper limit

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