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Posts tagged "Vehicular Assault"

Vehicular Assault Non-Eligible for Judicial Diversion

Judicial diversion in Tennessee law is a means of allowing a qualified defendant who is convicted of or pleads guilty to an offense to avoid having a recorded conviction for the offense if certain conditions are met. To qualify, a defendant must not already have any serious prior convictions and must not have received a judicial diversion in the past. The offense must also be an eligible offense. Certain offenses are specifically not eligible for this resolution. A DUI offense is not eligible for diversion in Tennessee. In the recent case of State v. Jones, M2013-00938-CCA-R3-CD (Tenn.Crim.App. 8-20-2014), the Court of Criminal Appeals has ruled that the crime of vehicular assault, though not expressly excluded by statute, is also not eligible for judicial diversion, as it contains the lesser included offense of DUI, which is expressly ineligible.

Vehicular Assault Non-Eligible for Judicial Diversion

Judicial diversion in Tennessee law is a means of allowing a qualified defendant who is convicted of or pleads guilty to an offense to avoid having a recorded conviction for the offense if certain conditions are met. To qualify, a defendant must not already have any serious prior convictions and must not have received a judicial diversion in the past. The offense must also be an eligible offense. Certain offenses are specifically not eligible for this resolution. A DUI offense is not eligible for diversion in Tennessee. In the recent case of State v. Jones, M2013-00938-CCA-R3-CD (Tenn.Crim.App. 8-20-2014), the Court of Criminal Appeals has ruled that the crime of vehicular assault, though not expressly excluded by statute, is also not eligible for judicial diversion, as it contains the lesser included offense of DUI, which is expressly ineligible.

Vehicular Assault Non-Eligible for Judicial Diversion

Judicial diversion in Tennessee law is a means of allowing a qualified defendant who is convicted of or pleads guilty to an offense to avoid having a recorded conviction for the offense if certain conditions are met. To qualify, a defendant must not already have any serious prior convictions and must not have received a judicial diversion in the past. The offense must also be an eligible offense. Certain offenses are specifically not eligible for this resolution. A DUI offense is not eligible for diversion in Tennessee. In the recent case of State v. Jones, M2013-00938-CCA-R3-CD (Tenn.Crim.App. 8-20-2014), the Court of Criminal Appeals has ruled that the crime of vehicular assault, though not expressly excluded by statute, is also not eligible for judicial diversion, as it contains the lesser included offense of DUI, which is expressly ineligible.

Alternative Sentencing Denied in Vehicular Assault Case

Alternative sentencing, which involves suspension of a jail or prison sentence and some form of community supervision as an alternative to incarceration, is available in Tennessee for most criminal sentences of ten years or less. When not imposed as part of a plea agreement approved by the trial court, the trial court must makes findings and determine whether to impose an alternative sentence or to impose a sentence of confinement. There are statutory and case law guidelines and criteria which trial courts consider in determining whether to impose an alternative sentence or confinement. For criminal convictions which are eligible for alternative sentencing, the sentencing court has the discretion to decide how the sentence is served. These decisions are subject to appeal, in which case the appellate court reviews to determine whether the lower court abused its discretion in imposing the challenged sentence. In the recent case of State v. Crowder, M2012-02396-CCA-R3-CD (Tenn.Crim.App. 4-3-2013), the Tennessee Court of Criminal Appeals affirmed the trial court decision to deny alternative sentencing and impose confinement for a defendant convicted of vehicular assault.

Alternative Sentencing Denied in Vehicular Assault Case

Alternative sentencing, which involves suspension of a jail or prison sentence and some form of community supervision as an alternative to incarceration, is available in Tennessee for most criminal sentences of ten years or less. When not imposed as part of a plea agreement approved by the trial court, the trial court must makes findings and determine whether to impose an alternative sentence or to impose a sentence of confinement. There are statutory and case law guidelines and criteria which trial courts consider in determining whether to impose an alternative sentence or confinement. For criminal convictions which are eligible for alternative sentencing, the sentencing court has the discretion to decide how the sentence is served. These decisions are subject to appeal, in which case the appellate court reviews to determine whether the lower court abused its discretion in imposing the challenged sentence. In the recent case of State v. Crowder, M2012-02396-CCA-R3-CD (Tenn.Crim.App. 4-3-2013), the Tennessee Court of Criminal Appeals affirmed the trial court decision to deny alternative sentencing and impose confinement for a defendant convicted of vehicular assault.

Alternative Sentencing Denied in Vehicular Assault Case

Alternative sentencing, which involves suspension of a jail or prison sentence and some form of community supervision as an alternative to incarceration, is available in Tennessee for most criminal sentences of ten years or less. When not imposed as part of a plea agreement approved by the trial court, the trial court must makes findings and determine whether to impose an alternative sentence or to impose a sentence of confinement. There are statutory and case law guidelines and criteria which trial courts consider in determining whether to impose an alternative sentence or confinement. For criminal convictions which are eligible for alternative sentencing, the sentencing court has the discretion to decide how the sentence is served. These decisions are subject to appeal, in which case the appellate court reviews to determine whether the lower court abused its discretion in imposing the challenged sentence. In the recent case of State v. Crowder, M2012-02396-CCA-R3-CD (Tenn.Crim.App. 4-3-2013), the Tennessee Court of Criminal Appeals affirmed the trial court decision to deny alternative sentencing and impose confinement for a defendant convicted of vehicular assault.

Court Affirms Eight Year Prison Sentence For Vehicular Assault

Vehicular Assault is a Tennessee felony offense committed when a person, as a result of intoxication, causes serious bodily injury to another person by operating a motor vehicle. It is often charged, along with DUI, when an impaired driving incident seriously injures someone else. Depending on the facts and circumstances of the case, the outcome of conviction could range from a short period of probation up to several years in prison. The Court of Criminal Appeals recently upheld an eight year prison sentence for a defendant convicted of two counts of vehicular homicide arising from the same incident. State v. Colbert, M2012-00225-CCA-R3-CD (Tenn.Crim.App. 11-9-2012).

Court Affirms Eight Year Prison Sentence For Vehicular Assault

Vehicular Assault is a Tennessee felony offense committed when a person, as a result of intoxication, causes serious bodily injury to another person by operating a motor vehicle. It is often charged, along with DUI, when an impaired driving incident seriously injures someone else. Depending on the facts and circumstances of the case, the outcome of conviction could range from a short period of probation up to several years in prison. The Court of Criminal Appeals recently upheld an eight year prison sentence for a defendant convicted of two counts of vehicular homicide arising from the same incident. State v. Colbert, M2012-00225-CCA-R3-CD (Tenn.Crim.App. 11-9-2012).

Court Affirms Eight Year Prison Sentence For Vehicular Assault

Vehicular Assault is a Tennessee felony offense committed when a person, as a result of intoxication, causes serious bodily injury to another person by operating a motor vehicle. It is often charged, along with DUI, when an impaired driving incident seriously injures someone else. Depending on the facts and circumstances of the case, the outcome of conviction could range from a short period of probation up to several years in prison. The Court of Criminal Appeals recently upheld an eight year prison sentence for a defendant convicted of two counts of vehicular homicide arising from the same incident. State v. Colbert, M2012-00225-CCA-R3-CD (Tenn.Crim.App. 11-9-2012).

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