Legal Question in Criminal Law in Tennessee
Husband charged with 26 felonies. He stole payroll checks from his work (13 total) and each check he wrote, he's being charged with 1 count identity theft and 1 count forgery. this is all from a business, totaling over $3800. He is already on paper for 3 years for robbery. What kind of sentencing are we looking at?
1 Answer from Attorneys
First of all, revocation of his probation is assured. Committing a new crime while on probation is a 99% way to get ordered to serve the balance of the three year sentence with the Tennesse Department of Corrections.
With respect to the new charges, if he was somewhat evenhanded in his forgeries, $3,800/13 - $292.30 per check. Forgery under $500 = Class E Felony. If he is a Range I Standard Offender with only the one Class C Felony Robbery on his record, the range of punishment is 1~2 years per forgery.
That's a possible 2 x 13 = 26 years, but to be blunt, that's not going to happen.
There are several options for negotiation, based on what I have seen and done in the past.
Realistic risk = Serve the original three year sentence TDOC. If he is a Range I at 30% parole eligibility, he will get his first chance at parole in less than a year. Then plead guilty to a number of counts on the new charges -- dismissing the balance in settlement -- for an agreed sentence of 6~10 years, to be served on probation concurrent to the robbery sentence. That puts him jail for a while, then out on supervised release, so he can pay restitution.
Key Factors: New offenses are nonviolent (unlike robbery). Can he pay restitution? Does he have a legitimate job? Is he in pretrial/prehearing confinement?
His attorney will give the best advice because the disposition of the violation of probation will be very judge/DA dependent.
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