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Exploring Tennessee’s Sentencing Guidelines for Public Corruption Charges
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Understanding Tennessee’s Sentencing Guidelines for Public Corruption
The Basics of Sentencing for Public Corruption
First off, it’s important to understand that sentencing for public corruption charges in Tennessee is governed by the state’s sentencing guidelines. These guidelines provide a framework for judges to determine an appropriate sentence based on the severity of the offense and the offender’s criminal history. For most public corruption charges, the sentencing range is determined by the offender’s prior record and where the offense falls on the state‘s sentencing grid. The grid has different classes of felonies, from A to E, with A being the most serious. Most public corruption charges are going to fall into those higher classes.
Let’s look at an example. Say a county commissioner is convicted of accepting bribes in exchange for awarding government contracts. Depending on the amount of the bribes and other factors, that offense might be a Class B or Class C felony. For a first-time offender, a Class B felony carries a potential sentence of 8 to 12 years in prison, while a Class C felony could mean 3 to 6 years behind bars.
Factors That Can Increase a Sentence
Of course, those are just the baseline ranges. There are a bunch of factors that can ratchet up a sentence for public corruption in Tennessee. Here are a few of the big ones:
- The offender’s role in the offense. If you were the ringleader of a big corruption scheme, expect to face more time than a low-level participant.
- The amount of money involved. The more cash changing hands, the more prison time you’re likely looking at. Bribes or kickbacks in the six-figure range are going to mean a longer stint in the slammer than a few hundred bucks in a plain white envelope.
- Abuse of a position of public trust. If your corrupt dealings involved misusing your authority as an elected official or government employee, that’s going to be an aggravating factor at sentencing.
- Prior criminal history. If you already have a rap sheet, especially for similar offenses, the judge is probably going to throw the book at you. Repeat offenders face much stiffer sentences under the guidelines.
Let’s go back to our hypothetical crooked county commissioner. If he was the mastermind of the bribery scheme, took in over $100,000 in bribes, and had a prior conviction for embezzlement, he could easily be looking at a sentence at the top of that 8 to 12 year range for a Class B felony, if not higher.
Cooperation and Plea Deals
Now, if you‘re staring down a lengthy prison term for public corruption charges in Tennessee, you might be wondering if there’s anything you can do to lighten the load. One possibility is cooperating with prosecutors and agreeing to testify against your co-conspirators. If you provide “substantial assistance” to the government in building a case against others, the judge can depart downward from the sentencing guidelines and give you a reduced sentence. We’re talking a serious reduction too – in some cases, cooperators have had their sentences cut by 30% or more. Of course, snitching isn‘t for everyone. But if you’re willing to play ball with prosecutors, it can be a way to avoid spending the better part of a decade in a Tennessee prison. Plea deals are another way that public corruption defendants can sometimes secure a lighter sentence. By pleading guilty and avoiding a trial, you might be able to negotiate a deal with prosecutors for a sentence on the lower end of the guidelines range. It’s not a get-out-of-jail-free card, but it beats rolling the dice at trial and getting hammered with a max sentence if you lose.
The Importance of an Experienced Defense Attorney
If you’re facing public corruption charges in Tennessee, you can’t afford to mess around. You need a skilled defense attorney who knows the ins and outs of the state’s sentencing guidelines and can navigate the complex world of white-collar prosecutions. A good defense lawyer will scrutinize the evidence against you, looking for holes in the prosecution‘s case or legal issues that could get the charges dismissed or reduced. They‘ll also be able to advise you on whether cooperation or a plea deal is in your best interests, and will fight to get you the best possible outcome at sentencing. Remember, the guidelines are just that – guidelines. They’re not set in stone. An experienced attorney can make a compelling argument for a downward departure based on mitigating factors like your lack of criminal history, your record of public service, or your personal circumstances.
Real-Life Examples
To give you a better sense of how Tennessee‘s public corruption sentencing guidelines play out in practice, let’s look at a couple of real-life cases.In 2019, a former Tennessee state senator was sentenced to 21 months in prison for wire fraud1. The senator had used campaign funds to pay for personal expenses like wedding gifts and sunglasses. While 21 months is no walk in the park, it’s on the lower end of the sentencing range for wire fraud, which is a Class C felony. The judge cited the senator’s lack of criminal history and his record of public service as mitigating factors.On the other end of the spectrum, in 2021, a former Tennessee sheriff was sentenced to 4 years in prison for honest services fraud and conspiracy2. Prosecutors alleged that the sheriff had used his position to steer business to a private company in exchange for bribes. The 4-year sentence was on the higher end of the guidelines range, reflecting the seriousness of the offense and the sheriff’s abuse of his position of trust.
