Legal Question in Criminal Law in Tennessee
What’s the difference between agg assault and attempted 2nd degree murder in TN and do attempted 2nd degree murder carry 30% for first time offenders
1 Answer from Attorneys
Aggravated Assault is a "Class C Felony" if the defendant acted "intentionally" or "knowingly."
(It's a Class D Felony if the defendant acted "recklessly.")
Attempted 2nd Degree Murder is a "Class B Felony" since 2nd Degree Murder is a Class A Felony.
(As a general rule in Tennessee, an "attempt" is punished one grade lower than the grade of the crime attempted).
For a person who is a "Range One Standard Offender, the difference is:
Class D Felony = 2 ~ 4 years. Probation possible, in fact, presumed. Diversion is possible.
Class C Felony = 3 ~ 6 years. Probation possible. In fact, sometime diversion is possible.
Class B felony = 8 ~ 12 years. Probation possible IF the actual sentence is ten years or less. No diversion possible.
For a "Range I Standard Offender" the Release Eligibility Percentage (RED) is 30%.
As you may have gathered from my answer so far ... this is serious business and it is very specific to the facts of each case.
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