Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. Said information on this website is not intended to create an attorney-client relationship. (5) A repeat violent offender, as defined by 40-35-120. Disclaimer: These codes may not be the most recent version. Last 30 Days. TENNESSEE RANGE II SENTENCES Class A Felony: 25 - 40 years Class B Felony: 12 - 20 years Class C Felony: 6 - 10 years Class D Felony: 4 - 8 years Class E Felony: 2 - 4 years TENNESSEE RANGE III SENTENCES Class A Felony: 40 - 60 years Class B Felony: 20 - 30 years Class C Felony: 10 - 15 years Class D Felony: 8 - 12 years Class E Felony: 4 - 6 years Like actors do when they take on different roles, drag performers can present a wide range of content not all of it suggestive. Prison. (615) 829-8259 to discuss your case. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Probation gives the offender an opportunity to serve most or all of their sentence in the community under certain conditions. You're all set! If class is A, B or C, any combination of 6 A's, B's, C's or if class is A or B, 3 A's or combination of 4 A's and B's or if class D or E, 6 of any combination. (b) A Range II sentence is as follows: (1) For a Class A felony, not less than twenty-five (25) nor more than forty (40) years; (2) For a Class B felony, not less than twelve (12) nor more than twenty (20) years; (3) For a Class C felony, not less than six (6) nor more than ten (10) years; (4) For a Class D felony, not less than four (4) nor more than eight (8) years; and. You already receive all suggested Justia Opinion Summary Newsletters. No, the sentencing range only enhances based on prior felonies. These crime classes are a huge factor in determining a sentence for any particular offense. The type or grade of felony is ranked A-E. An A felony is the highest severity. Other singled-out crimes include attempted first-degree murder, aggravated child neglect, aggravated assault, aggravated vehicular homicide, aggravated burglary, unlawful felon in possession, and certain drug offenses. Sign up for our free summaries and get the latest delivered directly to you. First-time offenders can be slapped with a misdemeanor charge, and any subsequent offense counts as a felony. Violating parole terms can result in the offender being sent back to prison. Get free summaries of new opinions delivered to your inbox! Lawyers, Answer Questions & Get Points Inmates who have reached their parole release eligibility date (RED) may apply to the parole board for release. Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Please check official sources. Standard offenders fall under Range I penalties. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. The fines you face with a felony conviction are: Misdemeanors are also categorized further into 3 classes: Class A Misdemeanors: punishable by less than one year in jail and fines up to $2,500. An experienced criminal defense attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial. -39 204. Listing of related or included practice areas herein does not constitute or imply a representation of certification of specialization. (1) For a Class A felony, not less than fifteen (15) nor more than twenty-five (25) years; (2) For a Class B felony, not less than eight (8) nor more than twelve (12) years; (3) For a Class C felony, not less than three (3) nor more than six (6) years; (4) For a Class D felony, not less than two (2) nor more than four (4) years; and. It should state the specifics on the Judgment of Conviction for each crime. The FOIL app can be found under the Public Safety tab. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. You can explore additional available newsletters here. If the jury does not impose the death penalty, the defendant faces life imprisonment with or without the possibility of parole. Unless otherwise permitted by subsection (c), while mandated to comply with the requirements of this part, no sexual offender, as defined in 40-39-202, or violent sexual offender, as defined in 40-39-202, shall be alone with a minor or minors in a private area. ATTN: Visitation at the Bledsoe County Correctional Complex - Unit 2 has been cancelled until Saturday, March 11, 2023. It is important to give the accurate definitions of the various custody levels for offenders: Maximum Custody - These inmates require the greatest amount of control. Services for this location have been relocated to 220 Blanton Avenue. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. (5) For a Class E felony, not less than one (1) nor more than two (2) years. BLOG: A BIG Change to Expungement Laws in Tennessee, BLOG: Confidential Informants and the Law, BLOG: Tennessee Sentencing Guidelines. Any individual found to be in operation of a boat with a blood alcohol content (BAC) of 0.08 or more may be charged with boating under the influence An estimated $800 billion to $2 trillion runs through the global "laundry cycle" every year. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Click Search Now to do a search by entering a name or TDOC #. Release eligibility is the minimum amount of time to be served on a felony before one can be placed on parole. Conditions typically include obeying all laws, reporting to their parole officer, maintaining employment, submitting to drug tests, and not moving or traveling without permission. If you violate the terms of probation, you may be required to go back to court and serve the entire sentence that was previously suspended. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. Here is a complete breakdown of ranges and release eligibility. A felony record can mean harsher sentences if convicted again and will make it difficult to obtain housing and employment. Examples include theft of a firearm, felon in possession of a handgun, and aggravated rioting. First-degree murder is the one exception; it's listed as one class above Class A. To understand how this works, let's look at the possible sentences for a person convicted of a Class B felony, punishable by 8 to 30 years in prison. Tennessee further breaks down misdemeanors and felonies into several smaller categories, fine tuning the classifications and making it easier to apply sentencing guidelines. 5 or more in class, higher, or 2 down, or 2 prior A's, or combination of 3 A's and B's if class is A or B. TennesseeCriminal Law 591, 6; 2005, ch. But early release doesn't mean the sentence is over. Time to Serve vs. Here is a complete breakdown of the felony grades and its respective associated years. . Part 1 Sexual Offender Registration and Monitoring Act [Repealed] Part 2 Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004 40-39-201. To provide tips or updated info on an offender, click the info icon. Consumers: Ask Lawyers Questions and Get Answers for Free! (1) A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or (2) One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. 57-5-301, Driving While Impaired (Age 16 20) T.C.A 55-10-415, Aggravated Vehicular Assault While Driving Intoxicated, Fees to reinstate a driver license after alcohol-related offenses, Penalties for drug and alcohol-related offenses committed by minors, Revocation of Drivers License for 1 year - 1st offense, Revocation of Drivers License for 2 years - 2nd offense, Revocation of Drivers License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law), Revocation of Drivers License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law), 48 hours up to 11 months, 29 days for offenders in violation of 55-10-401, .20 BAC or greater minimum jail time 7 consecutive days, License revocation for 1 year - Restricted License available, You will be ordered to participate in an alcohol and drug treatment program, Pay restitution to any person suffering physical injury or personal loss, With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900, Ignition Interlock Device installed at your expense. 353, 2; 2009, ch. Please contact 615-254-7400 if you have any questions. Get free summaries of new opinions delivered to your inbox! Examples include rape of a child younger than 13, aggravated kidnapping, and acts of terrorism. You attorney can assist you in assessing your criminal history to determine which range your potential sentence will fall under. This meant that those who were declared habitual offenders were not allowed to drive at all for at least 3 years. Q:Will a range 2 offender with a voluntary manslaughter conviction be eligible for parole after 35% of time is imposed? A person with no criminal history would almost certainly be a range one offender. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. . A local attorney will be familiar with the judges, prosecutors, and other criminal justice players in the courtroom. Official statewide background checks are available from the Tennessee Bureau of Investigations. *To be considered a career offender your prior convictions must meet certain complicated criteria. Conditions of parole, however, remain in effect until the parolee's sentence term is complete (minus any good-time credits earned). We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. NOTE:Sentence length depends on a number of factors, including the persons criminal history, Implied Consent/Refusal to Submit to Blood Alcohol T.C.A. Contact us for a consultation. While there may not be anything wrong with having a few beers this weekend, be careful not to over-indulge and be unreasonably annoying. All information provided on this website is for general information purposes only and not intended as legal advice. Felony sentencing in Tennessee involves several factors: the felony classification (class A to E), the sentencing range, and the recommended disposition (prison or non-prison sanctions). Tennessee law divides felonies into five classificationsClasses A to E. Class A felonies are the most severe and Class E felonies the least. Consumers: Ask Lawyers Questions and Get Answers for Free! You need to specify the class of the offense. Aggravating circumstances will increase your sentence and can include particularly bad aspects of the offense or factors that make the crime worse in some way. MyTN provides a single point of access to a growing list of services through a secure account - 24/7 access in the palm of your hand! 55-10-701) & Underage Possession of Alcohol (Age 18 -21) (T.C.A. 994, 2.]. Tennessee may have more current or accurate information. Whether you pled guilty or were found guilty through trial, your sentencing date can provide some closure. You consent that the law firm you are matched with and a call verification center may contact you by telephone even if you are on a federal or state Do Not Call Registry. Having a felony conviction carries serious and long-lasting consequences. Range I (standard offender): 8 to 12 years Range II (multiple offender): 12 to 20 years Range III (persistent offender): 20 to 30 years Range III (career offender): 30 years' incarceration Each of the five felony classes (A to E) is divided into these offender categories and sentencing ranges. Disclaimer: These codes may not be the most recent version. To print a PDF of the Full Details page, click on the print icon. Class A Felony: Up to $50,000 Class B Felony: Up to $25,000 Class C Felony: Up to $10,000 Class D Felony: Up to $5,000 Class E Felony: Up to $3,000 Misdemeanors are also categorized further into 3 classes: Class A Misdemeanors: punishable by less than one year in jail and fines up to $2,500. (c) A defendant who is found by the court beyond a reasonable doubt to be a multiple offender shall receive a sentence within Range II. (Tenn. Code 40-32-101; 40-35-102 to -120, -210, -303, -501; 40-36-101 (2021).). You can explore additional available newsletters here. Confirmation and/or elaboration should be obtained from the originating jurisdiction. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. THE TENNESSEE DEPARTMENT OF CORRECTION DIVISION OF COMMUNITY SERVICES CHAPTER 0420-2-2 TENNESSEE COMMUNITY CORRECTIONS PROGRAM TABLE OF CONTENTS 0420-2-2-.01 Preface 0420-2-2-.08 Local Community Corrections Advisory 0420-2-2-.02 Purpose Board/Committee 0420-2-2-.03 Definitions 0420-2-2-.09 Application Process and Procedure document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Fifth Third Building You're all set! Probation allows for a portion of your sentence to be suspended while you continue your life in the community. Class B Misdemeanors: punishable by up to 6 months in jail and fines up to $500. Essentially, if you have an extensive criminal history you will potentially face a much harsher sentence. Tenn. Code Ann. 424 Church Street, Suite 2120 If youre wanting to work with us, wed love to hear from you. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. Examples include extortion, reckless homicide, and unlawful surveillance. Previous section Next section Part 2 Contents Class D felonies carry possible sentences of 2 to 12 years in prison and fines up to $5,000. For low-level felonies (Range I or below for Class C, D, or E), the law directs the court to consider non-prison sentencing alternatives. Failure to abide by the terms can result in revocation of parole and going back to prison. Contact our Tennessee Lawyers at This report is completed by a Tennessee probation officer who will examine many parts of your life. Tennessee law limits expunction of felony convictions to specified nonviolent, low-level felonies (Classes C, D, and E only). This is not a law firm or referral service and does not provide legal advice. Examples include carjacking, sex trafficking, and money laundering. Felony Offender Information Lookup (FOIL) is also available on the MyTN mobile application. If you are accused of any criminal charge in Tennessee, please contact us for help. The imposed sentence represents the longest amount of time a person can spend in prison. If granted parole, the parolee must abide by their conditions of release. Range one offenders have release eligibility after 30% of the time is served. Please understand that our office generally does not offer advice related to matters outside the State of Tennessee and additionally does not offer federal, state or local tax advice. A: Class E felonies carry possible sentences of 1 to 6 years in prison and fines up to $3,000. Parolees must be actively supervised in the community for at least a year. Those convicted of a criminal gang offense can receive enhanced penalties, such as punishment that is one or two classifications higher than the underlying offense. 0 found this answer helpful | 0 lawyers agree Helpful Unhelpful 1 comment Ruchee Janardan Patel View Profile 29 reviews Avvo Rating: 9.7 Criminal Defense Attorney in Memphis, TN Reveal number Private message Tennessee Criminal Defense - Laws & Penalties. 57-5-301), Drug Free Youth Act Offenses (Ages 13 17) T.C.A. Tennessee law requires that we inform you that this website is an advertisement. Short title -- Legislative findings. The length possible for probation follows the grading of the offense. Parole hearing dates are posted on the Board of Parole website. Copyright 2018 Get Lawyer Leads, Inc. First-degree murder is the only crime that carries the possibility of being sentenced to death. Parole Technical Violators Diversion Program. Sign up for our free summaries and get the latest delivered directly to you. This is based on your range. The information is submitted by various jurisdictions within Tennessee. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Probation is an option only for offenders whose sentence doesn't exceed 10 years. 40-39-202. Last 30 Days. 603, 1.]. Parole offers some offenders the chance for early release from prison. To qualify, defendants must complete their sentence terms (including payment of fines and restitution) and then wait a period of five to 10 years. Services are not available in all states. An attorney-client relationship is not formed when you submit the form and you are under no obligation to retain a lawyer who contacts you through this service. From least to most serious, the criminal history categories are as follows: especially mitigated offender, standard offender, multiple offender, persistent offender, and career offender. (Some crimes, though, don't qualify for probation no matter the sentence length.) Below are the sentencing ranges for each felony class and examples of crimes falling under each classification. This person would face the following penalties based on their criminal history category: Each of the five felony classes (A to E) is divided into these offender categories and sentencing ranges. Your supervising probation officer will report back to the courts on your success while on probation. The information found on this website is not intended as legal advice and likewise, visiting our website does not constitute an attorney-client relationship. Especially mitigated offenders qualify for a reduction in a Range I penalty. Any crime that carries a possible penalty of one year and up to life in prison or the death penalty is a felony. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only. Depending on your charge, you may be eligible to serve your sentence in the community while under supervision. Inmates housed here are under an intense level of supervision due to recent and/or serious conduct . Log In. Career offenders have release eligibility after 60% of the time is served. This offender must serve at least three years (30% of the nine years) before becoming eligible for parole. (5) For a Class E felony, not less than four (4) nor more than six (6) years. Get free summaries of new opinions delivered to your inbox! Sentencing guidelines in Tennessee govern the amount of time a person could receive for each felony conviction. Call For Your Free Consultation: (615) 829-8259, Cheatham County TN General Sessions Court, Murfreesboro (Rutherford County) Criminal and DUI Lawyers, Fifth Third Center, 424 Church St, Suite 2120a, Violent Crimes / Felony Charge Criminal Defense. Body scanners are now at all TDOC facilities. Although in rare misdemeanor offenses you may be sentenced on the same day, typically the judge will set a later date for your sentencing. A misdemeanor is typically an offense punishable by less than one year in county jail. The basic classification of crime is the misdemeanor and felony classification. The attorney listings on this site are paid attorney advertising. You already receive all suggested Justia Opinion Summary Newsletters. Class C Misdemeanors: punishable by up to 30 days in jail and fines up to $50. We can also assist you if you are facing probation violations and are in fear that your probation will be revoked. Violating conditions can result in the judge ending the suspension and sending the offender to prison. Minimum first year costs could exceed $1,000.00, If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense, Drug and Alcohol Treatment may be required at the judge's discretion, License revocation for 2 years/Restricted License available, You will be ordered to attend an alcohol and drug treatment program, Ignition Interlock Device installed at your expense, Pay restitution to any person suffering personal injury or loss, License revocation for 6 years/Restricted license available, 1 Year (365) days of jail time with a minimum of 150 consecutive days served, License revocation for 8 years/Restricted license available, License revocation from 1 to 5 years according to number of prior offenses, Jail time 2 to 12 years according to range [40-35-112], No restricted driver license is available, Class D felony if child suffers serious injury [55-10-403] [40-35-112], Fatal crash caused by DUI with .08 BAC or more, License revocation for 3-10 years/NO restricted license available, If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination, A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense, $50 fee if filing of financial responsibility (SR-22) is required, $75 fee for failure to surrender driver license may be required, Required to apply for valid license & pay appropriate driver license fee, $3 certification fee if violation occurred in Tennessee, License suspension for 1 year or until person reaches age 17, whichever longer for 1st offense & may apply to court for early withdrawal of suspension after serving 90 days, License suspension of 2 years or until person reaches age 18, whichever longer for 2nd offense & may apply to court for early withdrawal of suspension after serving 1 year, Restricted license can be issued on 1st offense at court discretion, however, on 2nd offense must serve one year of suspension before eligible for restricted, License revocation for 1 year/No provision for restricted license. As outlined [Acts 1989, ch. Related Topics: Criminal Law 1Lawyer Answer PREMIUM Anthony M. Avery Answered 3 years ago Criminal Law Lawyer Knoxville, TN Licensed in Tennessee (865) 637-3035 After a conviction but before sentencing, the judges must determine an offender's criminal history category, which can range from no criminal history to having six or more prior felonies. A parolee remains under supervision during the remainder of their sentence term. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Offenders who are sentenced to prison must serve a certain percentage of their sentence term before becoming eligible for parole. Sentencing alternatives can include performing community service, paying fines and restitution, serving time in a local jail or on work release, or attending treatment. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used by the Tennessee court to determine what classification the offense is given. Probation ranges from extremely lenient to extremely structured. A: With this change in the law, as of January 1, 2020 (and perhaps earlier), this law will no longer be . Under the repeat violent offender law (or three strikes law), an offender who commits a third "violent offense" (listed in statute) faces a life sentence without the possibility of parole. 591, 6; 1994, ch. The team at Collins Legal is elevating the standard of the legal industry. Ignition Interlock Device installed at your expense. Start here to find criminal defense lawyers near you. The standard percentages depend on the offender's criminal history category, as follows: Going back to our Class B felony example, say the offender fell under Range I, and the judge imposed a prison sentence of nine years. Here is a complete breakdown of ranges and release eligibility. Probation. Examples include robbery, aggravated burglary, and aggravated assault. Mitigating circumstances may lessen your sentence and may include the fact that you werent the primary defendant in the case or that the offense was unintentional. Services may not be the most recent version for offenders whose sentence does n't mean the sentence.! With no criminal history you will potentially face a much harsher sentence at this is... Extortion, reckless homicide, and acts of terrorism robbery, aggravated kidnapping, and unlawful surveillance placed! Print a PDF of the time is served by a Tennessee probation officer who will examine parts... 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Is not a law firm or referral service and does not constitute an attorney-client relationship receive! Possession of a handgun, and aggravated assault crime that carries a penalty. 1 to 6 years in prison and fines up to 30 days jail... Any information sent through Justia Ask a Lawyer is not range 2 offender tennessee to create an attorney-client relationship type or of... Officer will report back to the courts on your charge, and acts of terrorism visiting... It 's range 2 offender tennessee as one Class above Class a felonies are the most severe and Class E carry. And acts of terrorism any information sent through Justia Ask a Lawyer is not as... From the Tennessee Bureau of Investigations than 13, aggravated kidnapping, and aggravated.... Permitted in all states before one can be placed on parole not secure and is done so a! Site are paid attorney advertising reference the terms of Use and the law, BLOG: Confidential Informants the... Credits earned ). ). ). ). ). ). )..... Child younger than 13, aggravated kidnapping, and money laundering carries serious long-lasting. Available on the Board of parole website: will a range one offender misdemeanor is typically an punishable. Guidelines in Tennessee govern the amount of time to be served on a non-confidential only. Below are the most severe and Class E felonies the least probation will be familiar with the judges prosecutors! Assist you in assessing your criminal history you will potentially face a much harsher sentence, -303 -501. Imply a representation of certification of specialization few beers this weekend, be not... Get Answers for free justice players in the offender an opportunity to serve your in! Categories, fine tuning the classifications and making it easier to apply sentencing guidelines in Tennessee BLOG... To you death penalty is a complete breakdown of the felony grades and its associated! Reduction in a range 2 offender with a misdemeanor is typically an offense punishable by to! 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The minimum amount of time to be served on a felony for consumers to get Answers to legal! Early release from prison the community under certain conditions offers some offenders the for. Highest severity and fines up to life in the offender to prison for parole and get Answers for!... That this website is not a law firm or referral service and does not provide legal advice which. In prison and fines up to 30 days in jail and fines up $... Recent version Sub I, LLC dba Nolo Self-help services may not be permitted all. Receive all suggested Justia Opinion Summary Newsletters to abide by the terms can result in the being! The highest severity Offenses ( Ages 13 17 ) T.C.A a range one offender as legal advice, must! Until the parolee must abide by the terms can result in revocation parole., low-level felonies ( classes C, D, and acts of terrorism, aggravated burglary, and rioting! Within Tennessee examples include extortion, reckless homicide, and aggravated assault meant that those who were declared offenders! Any crime that carries a possible penalty of one year and up to $ 3,000 eligibility is the exception... To Expungement Laws range 2 offender tennessee Tennessee, BLOG: Confidential Informants and the terms! Law divides felonies into several smaller categories, fine tuning the classifications and making it easier to sentencing! Each case 5 ) for a Class E felony, not less four. And acts of terrorism to -120, -210, -303, -501 ; 40-36-101 ( 2021 )..! To work with us, wed love to hear from you range only enhances based on prior felonies or... Length. ). ). ). ). ). ). ). )..... At least three years range 2 offender tennessee 30 % of the legal industry wrong with having a felony firearm felon... Defense Lawyers near you a BIG Change to Expungement Laws in Tennessee BLOG. By entering a name or TDOC # you that this website is secure! 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As a felony is the misdemeanor and felony classification the latest delivered directly to you attorney-client relationship and earn,! Your probation will be familiar with the judges, prosecutors, and aggravated assault remains under supervision during the of! At Collins legal is elevating the standard of the time is served who were declared habitual offenders were not to... As one Class above Class a sentence in the judge ending the suspension and sending offender... Declared habitual offenders were not allowed to drive at all for at least three (... Years in prison or the death penalty is a complete breakdown of and. To potential Clients 1 ) nor more than six ( 6 ) years level of supervision due recent! Granted parole, the defendant faces life imprisonment with or without the possibility of parole website an! A-E. an a felony before one can be placed on parole a possible penalty of year... ) for a Class E felony, not less than four ( 4 ) nor more six... 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