Felony Classes · Offender Ranges · Release Eligibility Dates · 85% and 100% Offenses
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Tennessee Criminal Sentencing
Tennessee uses a structured sentencing system based on two factors: the felony class of the offense (A through E, with A being the most serious) and the offender's range (determined by prior criminal history). These two factors together set the sentencing range. Within that range, judges weigh enhancement and mitigating factors to determine the specific sentence.
The Release Eligibility Date (RED) is the earliest a sentenced offender can be considered for parole. It is calculated as a percentage of the sentence. Not all offenses are subject to standard RED calculations — certain violent and serious offenses require 85% or 100% of the sentence to be served before any release eligibility.
New sentencing laws take effect on July 1 and January 1 each year. If you have questions about a specific sentence, call Attorney Jason Balestrini at (901) 578-1515.
The Matrix
| Felony Class | Especially Mitigated (0 priors) |
Range I — Standard (0-1 prior) |
Range II — Multiple (2-4 priors) |
Range III — Persistent (5+ priors) |
Career Offender | Max Fine |
|---|---|---|---|---|---|---|
| RED % | 20% | 30% | 35% | 45% | 60% | |
| A Felony | 13.5 yrs | 15 – 25 yrs | 25 – 40 yrs | 40 – 60 yrs | 60 yrs | $50,000 |
| RED (years) | 2.7 | 4.5 – 7.5 | 8.8 – 14 | 18 – 27 | 36 | |
| B Felony | 7.2 yrs | 8 – 12 yrs | 12 – 20 yrs | 20 – 30 yrs | 30 yrs | $25,000 |
| RED (years) | 1.4 | 2.4 – 3.6 | 4.2 – 7 | 9 – 13.5 | 18 | |
| C Felony | 2.7 yrs | 3 – 6 yrs | 6 – 10 yrs | 10 – 15 yrs | 15 yrs | $10,000 |
| RED (years) | 0.5 | 0.9 – 1.8 | 2.1 – 3.5 | 4.5 – 6.8 | 9 | |
| D Felony | 1.8 yrs | 2 – 4 yrs | 4 – 8 yrs | 8 – 12 yrs | 12 yrs | $5,000 |
| RED (years) | 0.4 | 0.6 – 1.2 | 1.4 – 2.8 | 3.6 – 5.4 | 7.2 | |
| E Felony | 0.9 yrs | 1 – 2 yrs | 2 – 4 yrs | 4 – 6 yrs | 6 yrs | $3,000 |
| RED (years) | 0.2 | 0.3 – 0.6 | 0.7 – 1.4 | 1.8 – 2.7 | 3.6 |
Career offenders must serve the maximum sentence for the offense class. RED years are calculated from the minimum and maximum of the sentencing range at the applicable percentage. Source: TCA § 40-35-112.
Misdemeanors
| Class | Maximum Sentence | Maximum Fine |
|---|---|---|
| A Misdemeanor | 11 months, 29 days | $2,500 |
| B Misdemeanor | 6 months | $500 |
| C Misdemeanor | 30 days | $50 |
Misdemeanor sentences are served in local jail, not state prison, and are not subject to the same RED parole eligibility system as felonies. The minimum percentage of a misdemeanor sentence that must be served is 50% — see the Memphis Practice Commentary section below for how this works in practice.
85% Offenses
The following offenses require 85% of the sentence to be served before release eligibility. Standard RED percentages do not apply. Source: TCA § 40-35-501.
| Class A | Aggravated arson (§ 39-14-302) |
| Class A | Aggravated assault — involving use of deadly weapon (§ 39-13-102(a)(1)(A)(iii)); involving use of a firearm from within a motor vehicle (§ 39-13-102(a)(1)(A)(iii)); § 39-13-102(a)(1)(A)(i) [SBI], (A)(ii) [Death], or (A)(iv) [Strangulation]*; against a first responder or nurse involving use of deadly weapon (§ 39-13-116(b)(3)); against a first responder or nurse — § 39-13-116(b)(1) [SBI], (b)(2) [Death], or (b)(4) [Strangulation] |
| Class B | Aggravated kidnapping (§ 39-13-304) · Aggravated robbery (§ 39-13-402) · Voluntary manslaughter (§ 39-13-211) |
| Class C/D/E | Vehicular homicide — reckless (§ 39-13-213(a)(1)) or drag racing (§ 39-13-213(a)(3)) · Involuntary labor servitude (§ 39-13-307)* · Trafficking persons for forced labor or services (§ 39-13-308)* · Aggravated burglary (§ 39-13-1003) · Employing firearm during commission or attempt (§ 39-17-1324(b)(1) or (b)(2)) |
| Class D | Reckless aggravated assault — involving use of deadly weapon (§ 39-13-102(a)(1)(B)(iii)); resulting in SBI or Death (§ 39-13-102(a)(1)(B)(i) or (ii)) · Vehicular homicide — construction zone (§ 39-13-213(a)(4)) · Reckless homicide (§ 39-13-215) · Possessing firearm during commission or attempt (§ 39-17-1324(a)) |
| Class E | Criminally negligent homicide (§ 39-13-212) |
| Controlled Substances | Manufacture, delivery, or sale of a Class A, B, or C controlled substance (§ 39-17-417) where the person has two or more prior convictions for the same offense |
*Other felony classes based on specific circumstances included in these statutes are also 85% eligible. This list is not exhaustive.
100% Offenses
The following offenses require 100% of the sentence to be served with no parole eligibility, for offenses committed on or after July 1, 2022.
| Class A | Attempted first degree murder (§ 39-13-202) · Second degree murder (§ 39-13-210) · Aggravated vehicular homicide (§ 39-13-218) · Especially aggravated kidnapping (§ 39-13-305) · Especially aggravated robbery (§ 39-13-403) · Aggravated human trafficking (§ 39-13-316) |
| Class B | Vehicular homicide as a result of intoxication (§ 39-13-213(a)(2)) · Any vehicular homicide involving leaving the scene of the accident (§ 55-10-101(a)) · Carjacking (§ 39-13-404) · Especially aggravated burglary (§ 39-13-1004) |
| Sexual Offenses | 31 enumerated sexual offenses — refer to § 40-35-501(aa) |
Offense-Specific Sentencing Rules
For all release eligibility status calculations, refer to § 40-35-501.
Memphis Practice Commentary
The misdemeanor sentencing table above shows the maximum sentence for each class. What it does not show is how much of that sentence a defendant actually serves — and that is where most people, including new lawyers, get confused.
The default in Tennessee is that a misdemeanor sentence is served at 100%. If the judge does not write a percentage on the mittimus — the order committing the defendant to jail — the defendant serves the full sentence. Getting a percentage written on the mittimus is something to negotiate at sentencing, and it matters.
This was not always the practical reality. Under the old system at the penal farm, defendants received 2-for-1 credit, which effectively meant they served half their sentence regardless of what the mittimus said. That system is gone. Today, if no percentage is written on the mittimus, 100% is what gets served. A skilled defense attorney will push to have a specific percentage — less than 100% — written into the sentencing order. That negotiation is one of the most important and least discussed parts of a misdemeanor case.
Memphis Criminal Defense
Jason Balestrini · Criminal Defense · Exclusively Criminal Law
Attorney Jason Balestrini has practiced exclusively criminal defense in Shelby County since 2012 — no family law, no traffic, nothing else. He handles criminal cases from misdemeanors to first-degree murder and negotiates sentences in Shelby County Criminal Court every day. If you have a question about a specific sentence or charge, call for a free consultation.
Common Questions
Tennessee classifies felonies as Class A through Class E. Sentence length depends on both the felony class and the defendant's offender range. A Class A felony at Range I carries 15-25 years. A Class B felony at Range I carries 8-12 years. A Class C felony at Range I carries 3-6 years. A Class D felony at Range I carries 2-4 years. A Class E felony at Range I carries 1-2 years. Sentences increase significantly with higher offender ranges.
The Release Eligibility Date is the earliest date a sentenced offender can be considered for parole. It is calculated as a percentage of the sentence based on the offense and offender range. Range I offenders are eligible at 30% of the sentence. Range II at 35%. Range III at 45%. Career offenders at 60%. Especially mitigated offenders at 20%. Certain violent offenses require 85% or 100% of the sentence to be served.
For offenses committed on or after July 1, 2022: attempted first degree murder, second degree murder, aggravated vehicular homicide, especially aggravated kidnapping, especially aggravated robbery, aggravated human trafficking, vehicular homicide by intoxication, vehicular homicide involving leaving the scene, carjacking, especially aggravated burglary, and 31 other enumerated sexual offenses under TCA 40-35-501(aa).
For offenses committed on or after July 1, 2022: aggravated arson, aggravated assault involving a deadly weapon or firearm from a motor vehicle, aggravated kidnapping, aggravated robbery, voluntary manslaughter, reckless homicide, vehicular homicide (reckless or drag racing), trafficking persons for forced labor, aggravated burglary, employing a firearm during commission of a felony, criminally negligent homicide, and manufacture/delivery/sale of a Class A, B, or C controlled substance with two or more prior drug convictions.
Tennessee uses five classifications: Especially Mitigated (0 priors, 20% RED), Range I Standard (0-1 prior, 30% RED), Range II Multiple (2-4 priors, 35% RED), Range III Persistent (5+ priors, 45% RED), and Career Offender (specific combinations of 6+ prior felonies, 60% RED, must serve maximum sentence).
Class A misdemeanor: maximum 11 months, 29 days and $2,500 fine. Class B: maximum 6 months and $500 fine. Class C: maximum 30 days and $50 fine. Misdemeanor sentences are served in local jail rather than state prison and are not subject to the same RED system as felonies.
Under TCA 40-35-120, an offender who commits a third violent offense faces a mandatory life sentence without the possibility of parole.
Under TCA 39-17-432, drug offenses committed in a Drug Free School Zone carry enhanced penalties and require 100% service of the sentence — no early release eligibility.
The default is 100%. If a judge does not write a specific percentage on the mittimus — the order committing the defendant to jail — the defendant serves the full sentence. Under the old penal farm system, defendants received 2-for-1 credit which effectively made it 50% regardless. That system is gone. Today, getting a percentage less than 100% written on the mittimus is something to negotiate at sentencing. It is one of the most important and least discussed parts of a misdemeanor case. On a Class A misdemeanor with an 11 month, 29 day sentence, the difference between 100% and 50% is approximately 5 months and 29 days of jail time.
Attorney Jason Balestrini — exclusively criminal defense, Memphis. Free consultation.