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


Asked on 6/09/18, 3:10 pm

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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Answered on 6/10/18, 4:17 pm


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