Can You Be Too Old to Be Sentenced to Life in Prison?

 Posted on May 08, 2025 in Criminal Defense

A Nashville jury recently took less than one hour to find a 73-year-old woman guilty in the 2023 murder of her husband. At the time the woman was arrested, she told police she shot her husband because he cheated on her. She received an automatic sentence of life in prison upon her conviction. One of the jurors was later asked whether a person in his or her 70s should spend their last days in prison.

While the question is a valid one, most states make no distinction regarding age when sentencing a person to life in prison, although some states do offer "compassionate release" for elderly prisoners who are terminally ill. Some states, like Tennessee, have mandatory minimum sentences for certain violent crimes, although Tennessee also recently introduced a bill regarding sentence reduction "credits."

If you are facing charges of murder or any other serious violent crime, having an experienced Dandridge, TN violent crimes lawyer as your advocate should be your first priority. Your attorney will understand Tennessee’s mandatory minimums and work hard on your behalf for the best outcome possible.  

What Is Prison Like for the Elderly Serving a Life Sentence?

A 2022 study called Nothing But Time detailed the reality of prison for elderly prisoners. Some, of course, were sentenced to life in prison while young and have grown old in prison. Others received a life sentence when they were already over the age of 70. One in four of those serving life without parole in state penitentiaries is over the age of 60.

Not only can putting an elderly person in prison make that person a target because of his or her age-related vulnerabilities or frailties, but it also costs considerably more to keep an elderly person in prison. The elderly typically have more health issues, including Alzheimer’s, and require much more care in general.  

A few states have begun to address the issue of the elderly serving life sentences. For example, Louisiana HB 321 creates geriatric parole for those over 70 who have served half their sentence, although those convicted of first or second-degree murder are excluded.

New Jersey A-1059 creates geriatric parole for those over the age of 65 who have served at least one-third of their sentence, although those convicted of sex offenses, murder, kidnapping, robbery, arson, or terrorism are excluded. New Mexico SB 29 creates geriatric and medical parole for those 55 and older, assuming the inmate is not considered a danger to society and excluding those convicted of first-degree murder.  

Tennessee provides compassionate release to eligible individuals with terminal illnesses or serious medical conditions through Executive Clemency and Medical Furlough and to those over the age of 70 through its relatively new Geriatric Parole provisions now included in the state parole law. This law requires that the individual serve a minimum of five years in custody to qualify.

What Are the Mandatory Minimum Sentences in Tennessee?

While mandatory minimum sentences are meant to deter violent crimes, they also severely limit the flexibility of judges to adjust sentencing based on unique circumstances. A person convicted of first-degree murder in the state of Tennessee must serve at least 51 years of a life sentence.

Aggravated assault has a mandatory minimum of three years, and especially aggravated robbery has a mandatory minimum sentence of 15 years. While nobody wants to see violent offenders on the streets, there should be some concessions made for extenuating circumstances, with age being one of these circumstances.  

Contact a Jefferson County, TN Violent Crimes Attorney

Because the stakes are so incredibly high for violent crime charges, particularly for those who are elderly, it is even more important that those charged with a criminal offense seek an aggressive criminal defense lawyer. When you choose a Jefferson City, TN violent crimes lawyer from The Baker Law Firm, you can be assured you will receive a comprehensive, zealous defense. Attorney Baker is highly experienced and dedicated to justice. Call 865-200-4117 to schedule your free consultation.