Often, crimes are facing severe penalties, which include prison or jail times. That's why people say don't do the crime if you can't do the time. If you don't want to be jailed, then obey the law.
In my personal opinion the Tennessee penal code seems harsh and could be a violation of the 8th Amendment to prevent cruel and unusual punishment. But, it is the state law and nobody has any say on it, except it truely violates one's constitutional rights. Tennessee has a tendency to impose harsh punishments, and sometimes was declared unconstitutional by the US Supreme Court.
For a conviction of the crime, first timer or thousand timer really makes no difference. It is up to the jury (or judge in a bench trial) to determine how much penalty is appropriate and often determined by whehter you had the malice or not.
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