What Counts as a Misdemeanor in Tennessee?
Tennessee breaks misdemeanors into three levels, kind of like a bad, worse, and worst system:
Class C Misdemeanor (the “least bad”) Up to 30 days in jail and a $50 fine. This is stuff like speeding tickets and minor traffic violations. Still shows up on your record, though.
Class B Misdemeanor (the middle ground) Up to 6 months in jail and a $500 fine. Think reckless driving or some disorderly conduct charges. This is where things start getting more serious.
Class A Misdemeanor (the “most serious” misdemeanor) Up to 11 months and 29 days in jail and a $2,500 fine. This includes things like DUI, simple assault, theft under $1,000, and domestic assault. These can really impact your life.
The Stuff We Handle Every Day
We’ve defended people against all kinds of misdemeanor charges. Some of the most common ones we see include:
- DUI (first and second offenses) – One bad decision that can haunt you for years
- Simple assault – Maybe a bar fight got out of hand or it didn’t even happen
- Shoplifting and petty theft – Sometimes desperation makes people do things they normally wouldn’t or it was a simple mistake
- Disorderly conduct – You got a little too loud, and now you’re in trouble
- Trespassing – You were in the wrong place at the wrong time
- Marijuana possession – Just having a small amount for personal use
- Vandalism – Maybe you were young and stupid, or maybe you’re being blamed for something you didn’t do
- Reckless driving – You were late for work and made some bad choices behind the wheel
- Underage drinking – College kids make mistakes
What to Expect: The Legal Process
Here’s what’s probably going to happen with your case:
You’ll get arrested or get a citation Either way, you’re officially in the system now.
Arraignment (your first court date) The judge will tell you what you’re charged with and ask how you plead. Don’t just plead guilty without talking to us first.
Discovery This is where we get to see what evidence the prosecutor has against you. Sometimes it’s not as strong as they want you to think.
Pretrial stuff This is where we do our best work. We’ll negotiate with the prosecutor, maybe file some motions to get evidence thrown out, and try to get your charges reduced or dismissed.
Trial (if we can’t work something out) If the prosecutor won’t be reasonable, we’ll take your case to trial and fight for you.
Sentencing (if you’re convicted) The judge decides your punishment. This could be jail time, probation, community service, fines, or some combination.
Why You Can’t Just Ignore This
People always ask us, “Do I really need a lawyer for a misdemeanor?” The answer is almost always yes. Here’s why:
Even a “minor” conviction can:
- Show up on background checks for jobs
- Affect your professional licenses
- Make it harder to get housing
- Increase your insurance rates
- Hurt your chances of getting into college or graduate school
- Cause problems if you’re not a U.S. citizen
- Get your driver’s license suspended (for certain charges)
Plus, prosecutors know that most people without lawyers will just plead guilty to get it over with. They’re not always eager to give you the best deal if you don’t have someone fighting for you.
How We Fight for You
Every case is different, but here are some of the ways we defend our clients:
Challenge bad evidence. If the police searched you illegally or violated your rights, we can get that evidence thrown out.
Question witnesses. Witnesses make mistakes, lie, or remember things wrong. We know how to expose problems with their stories.
Argue you didn’t mean to do it. Some crimes require intent. If what you did was an accident, that might be a defense.
Self-defense. If you were protecting yourself or someone else, that’s not a crime.
Negotiate better deals. We know how to get charges reduced or dismissed.
Find alternatives. Sometimes we can get you into a diversion program or get you probation instead of jail time.
Your Questions, Answered
Will I definitely go to jail? Not necessarily. A lot of first-time offenders get probation, community service, or other alternatives. We’ll fight to keep you out of jail.
Can I get this off my record later? Sometimes. Tennessee allows expungement for certain misdemeanors if you meet the requirements. We can help you figure out if you qualify.
What if I’m not a U.S. citizen? Even misdemeanor convictions can affect your immigration status. This is really important to discuss with us right away.
Should I just plead guilty and get it over with? Please don’t do that without talking to us first. Once you plead guilty, you can’t take it back. Let us see if we can get you a better deal or get the charges dismissed entirely.
How much will this cost? We offer free consultations and work with people on payment plans. Your financial situation shouldn’t determine the quality of your defense.
We Get It
Look, we know this is stressful. Maybe you made a mistake, or maybe you’re completely innocent and just in the wrong place at the wrong time. Either way, you’re probably worried about your job, your family, and your future.
We’ve been helping people in Middle Tennessee deal with these exact situations for decades. We know the local courts, the prosecutors, and the judges. More importantly, we know how to get results.
Don’t Wait
The sooner you call us, the sooner we can start protecting your rights and building your defense. Evidence disappears, witnesses forget things, and opportunities to help you slip away every day you wait.
Call Kane & Crowell PLLC today at (615) 784-4800 for a free, confidential consultation. We’ll listen to your story, explain your options, and help you figure out the best way forward.
Your future is too important to leave to chance.
