If you’re facing a new criminal charge in Tennessee and you have a prior conviction on your record, you might jump straight to worst-case scenarios.
Is this going to make things much worse? Am I out of chances?
How prior convictions can affect a new criminal charge in Tennessee. Yes, these convictions do matter. However, the way they may affect you depends on several factors. They don’t automatically mean the outcome is set in stone.
Here is how Tennessee courts view your criminal history. With this information, you can make smarter decisions and avoid mistakes that come back to haunt you.
Do Prior Convictions Matter?
In Tennessee, your criminal history is one of the first things prosecutors and judges look at after someone is charged with a new offense. These prior convictions can influence:
- If charges will be enhanced
- How bond is the bond set
- Whether diversion or probation is available
- The potential sentencing range
- The aggressiveness of the prosecution
However, not all prior convictions carry the same weight. For example, a decades-old misdemeanor will not affect a case the same way as a recent felony. But similar past offenses are treated more seriously than unrelated ones.
Same or Similar Offenses May Lead to Enhanced Charges
One of the biggest ways prior convictions affect a new charge is through sentence enhancement. Tennessee law allows penalties to increase when someone has prior convictions for the same or similar conduct.
For example:
- A second or third DUI comes with mandatory minimum jail time and longer license suspensions.
- Repeat domestic assault charges can elevate a misdemeanor to a felony.
- Certain theft offenses can jump to higher classifications based on prior theft convictions.
In these cases, the prior conviction can directly change what you are facing.
Your Criminal History Affects Sentencing Ranges
Tennessee uses a structured sentencing system that considers prior convictions when determining where someone falls within a sentencing range. If you have prior convictions, that can move you into a higher range. That means longer potential sentences if convicted.
However, that means the maximum penalty automatically applies. In these situations, it does give the court more room to impose harsher consequences.
Alternative Options May Be Limited
Tennessee alternatives include judicial diversion, probation, and reduced charges. In the case of prior convictions, it can limit access to these options.
Judicial diversion is reserved for first-time or low-level offenders. If you have prior convictions, especially recent ones, the court may be less willing to allow a second chance. That doesn’t mean alternatives are off the table, but they often require stronger legal arguments and negotiation from your criminal defense attorney.
How Prior Convictions Affect Bail and Pretrial Decisions
When setting bond conditions, judges will look at criminal history. Someone with prior convictions may face higher bond amounts or stricter release conditions, such as monitoring or no-contact orders.
For that reason, you want to secure legal representation immediately after your arrest. A well-prepared attorney can present mitigating factors, such as steady employment, family responsibilities, or compliance with past court orders, to argue for reasonable release terms.
Otherwise, you could be unfairly punished for past mistakes. A lawyer helps you discover what options might be available for your situation.
Get Legal Advice After a New Charge
A prior conviction can affect a new criminal charge in Tennessee. While you cannot erase the past, the most important part is acting quickly and strategically.
At Erik Herbert Law, we can help fight for a fair resolution even when the odds feel stacked. If you’re facing a new criminal charge and have concerns about your record, let us help you protect your rights and your future. Schedule a consultation today.
