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A sentencing hearing is the stage of a Tennessee criminal case when the judge determines the sentence after a conviction or guilty plea when the sentence has not already been fully agreed upon. The hearing can determine whether a defendant receives probation, incarceration, an alternative sentence, consecutive or concurrent sentences, and other important conditions.
A sentencing hearing should not be treated as a formality. Tennessee law requires the court to consider specific information, and a well-prepared defense can present mitigation and a concrete sentencing plan.
When Does a Sentencing Hearing Happen?
A sentencing hearing can occur after a trial conviction or after a guilty plea when the parties have not agreed on every sentencing issue. In some negotiated pleas, the sentence is fully agreed and the court addresses it as part of the plea proceeding.
In an open or partially negotiated plea, important sentencing questions may be left for the judge.
What Information Does the Judge Consider?
Tennessee Code Annotated § 40-35-210 directs the court to consider evidence from trial and sentencing, the presentence report, principles of sentencing, arguments about alternatives, the nature of the criminal conduct, enhancement and mitigating factors, statistical information provided by the Administrative Office of the Courts, the defendant’s statement, and the validated risk-and-needs assessment contained in the presentence report.
The sentencing record therefore extends well beyond the charging document.
What Is a Presentence Report?
A presentence report provides the court with background information relevant to sentencing. It can include criminal history, social and employment history, family information, substance-use or treatment history, and other information required by Tennessee law.
The defendant and lawyer should review the report for errors before sentencing.
Can Witnesses Testify at Sentencing?
Yes. The State and defense can present relevant evidence at a sentencing hearing. Depending on the case, that can include victim testimony, family members, employers, treatment providers, experts, or other witnesses.
The defense should use witnesses strategically rather than simply bring people to say the defendant is a good person.
Can the Defendant Speak to the Judge?
Yes. Tennessee sentencing law provides for the defendant’s statement on the defendant’s own behalf about sentencing.
Whether and how to make that statement should be discussed with counsel. A thoughtful statement can help; an unprepared statement that minimizes the offense, blames others, or contradicts the defense can hurt.
Can the Judge Grant Probation at Sentencing?
Yes, if the defendant is legally eligible and the judge finds probation appropriate. Tennessee law generally makes defendants with sentences of ten years or less eligible for probation subject to specified exclusions.
Eligibility does not guarantee probation. The defense should present facts showing why community supervision is appropriate.
Can the Judge Order Alternative Sentencing?
Potentially. Tennessee law recognizes probation, split confinement, Community Corrections for qualifying defendants, treatment, and other community-based sentencing alternatives.
The defense should identify the specific lawful alternative being requested and explain how it addresses punishment, rehabilitation, and public safety.
Can Sentences Be Ordered Consecutively?
Yes, when Tennessee law authorizes or requires consecutive sentencing. If multiple convictions are involved, the alignment of the sentences can dramatically change the effective sentence.
Counsel should address consecutive-sentencing grounds directly rather than focus only on the length of each individual count.
What Mitigation Can Help at Sentencing?
Mitigation can include employment, education, family responsibilities, treatment, sobriety, mental-health care, restitution, community involvement, lack of criminal history, compliance while on release, genuine rehabilitation, and other facts relevant to the statutory sentencing analysis.
The strongest mitigation is usually documented and connected to a concrete sentencing plan.
How Kevin Kennedy Can Help at a Sentencing Hearing
Kevin Kennedy represents people at felony and misdemeanor sentencing hearings in Nashville and throughout Middle Tennessee. Before becoming a defense lawyer, he served as a prosecutor and argued sentencing issues from the prosecution side.
Kevin can prepare mitigation, review the presentence report, identify probation and alternative-sentencing options, address enhancement and consecutive-sentencing issues, prepare witnesses, and present a focused sentencing argument to the court.
Frequently Asked Questions
Does the prosecutor decide my sentence?
No. The prosecutor can make recommendations and arguments, but the judge determines contested sentencing issues within Tennessee law.
Can I get probation at the sentencing hearing?
Potentially, if you are legally eligible and the court finds probation appropriate.
Should family members come to sentencing?
Sometimes. Their presence or testimony can help when it provides meaningful information, but sentencing witnesses should be selected and prepared strategically.
Can I speak directly to the judge?
Yes. A defendant has an opportunity to make a statement relevant to sentencing, but the content should be discussed with counsel beforehand.
Talk With a Nashville Criminal Defense Lawyer
If you are approaching a sentencing hearing in Nashville or elsewhere in Middle Tennessee, Kevin Kennedy Law Firm can prepare the mitigation, sentencing law, witnesses, and alternative-sentencing proposal needed to present the strongest available case to the judge.
This website is designed for general information only. It is not legal advice nor does it form a lawyer/client relationship.