Legal Question in Criminal Law in Tennessee

My boyfriend was found guilty by jury trial for (6) counts of aggravated sexual assault he is set for sentencing on November 22 2013 he only been in trouble for driving without a license in 2009 (2) times but no felonies is he able to get house arrest or probation or anything to lessen his sentence and what is the absolute minimum time may he serve as this result is there anything at all we can do at this point I need to know so he can know exactly what to discuss with a lawyer I know they are class B felonies thank you very very much

Asked on 10/13/13, 3:33 pm

1 Answer from Attorneys

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Step One - He (and you) should be talking to his attorney. That attorney -- having just been through a jury trial -- will have the best information as to not only the sentence range, but also the likely sentence based on the sentencing history of the judge and the individual facts of the case.

Step Two - You have used the expression "aggravated sexual assault." There is no such offense in Tennessee. I suspect (since you refer to it as a Class B Felony) that you are referring to "Aggravated Sexual Battery." That is an offense that involves unlawful sexual contact, together with at least one other factor, such as a young child as victim, use of a weapon, etc.

Aggravated Sexual Battery is a Class B Felony, and for a Range I Standard Offender (someone with no prior felony convictions) the range of punishment is 8 ~ 12 years. That sentence MUST be served in confinement with the Tennessee Department of Corrections (state penitentiary). There is no parole, and the inmate must serve at least 85% of the sentence day-for-day. That is, the inmate may earn good behavior credits, programs, trustee, work or other credits, but those credits may not make up more than 15% of the sentence.

There are severe restrictions on the inmate even after release, including Community Supervision for Life, Sex Offender Registration, and Statndard Treatment for Sex Offenders. Again, your best point of contact is the trial attorney.

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10/14/13, 7:55 am

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