In Tennessee, there are two different levels of offense.

Misdemeanors are considered minor crimes because the maximum sentence possible is eleven months and twenty-nine days in jail.

Felonies are more serious and range in punishment from one year to life in prison. A felony conviction also results in the loss of a person’s right to vote, hold a public office and possess a gun.

No matter the level of offense, it is critical to seek out the help of an attorney in order to potentially prevent incarceration, a conviction, or a permanent public record of the offense from following you for the rest of your life.

DUIs

You may think you know your limit, but drinking and driving do not mix. In 2019, more than 19,000 arrests were made in Tennessee for driving under the influence. While common, these arrests can lead to big consequences. It’s important to have an attorney to help you navigate the complicated process of a DUI charge.

Federal Prosecution

Federal prosecution does not occur in the absence of large sums of money, a significant amount of drugs, or an otherwise serious offense.

And the consequences in federal court are almost always more severe than in state court.

However, it is very important to hire a lawyer as early in the process as you can. Early intervention in a federal case can make an enormous difference.

Misdemeanors

Simple Possession

The possession of any drug, not including prescribed medicine, is illegal. Regardless of laws passed in other states, marijuana is still illegal in Tennessee, as are all other controlled substances. Often, there are many defenses to possession of simple possession that may be uncovered by an experienced criminal defense attorney. How the controlled substances were found, where they were found, and many other factors, could result in a dismissal of the charge.

Possession of Drug Paraphernalia

Paraphernalia is a big word that means things associated with drugs. However, just about anything could be considered to be drug paraphernalia, or something that helps someone use drugs, which is why it is critical to hire an attorney in order to fully investigate your case and ensure that an innocent item is not used against you.

Underage Possession of Alcohol

College can be a fun place. Knoxville is fortunate to be home to the University of Tennessee and a vibrant student body. However, although underage drinking is not uncommon on and around campus, it is illegal. The University of Tennessee has its own police department and strictly enforces drinking while underage.

Assault

Any unwanted physical contact with another person could be deemed as assault. If there is a bodily injury (for example, a small cut, bruise, bloody lip, etc.) there could be an arrest for a Class A misdemeanor assault. Even touching someone without hurting them could be considered a Class B misdemeanor assault.

Domestic Assault

Domestic assault is often considered more serious than a simple assault. Essentially, domestic assault is the same as assault, but involves two or more people in a domestic relationship, which can include spouses, girlfriends, boyfriends, roommates, or adult children. There are two big differences in terms of how domestic assaults are handled. First, any conviction for domestic assault will result in the defendant not being able to own or carry firearms at any point in the future. Second, many prosecutors’ offices have attorneys dedicated specifically to prosecuting domestic assault and who have greater expertise in this area.

Disorderly Conduct

Disorderly Conduct covers a broad range of behavior. In short, if police believe that an individual is disrupting those in the general vicinity of that individual, they may arrest the person. Disorder Conduct charges often accompany Public Intoxication charges and incidents that border on some type of fight. Even though Disorderly Conduct covers a lot of different conduct, the law is very specific and experienced defense counsel can ensure your rights are protected in this regard.

Public Intoxication

If a person is found to be intoxicated while in public, there can be an arrest for Public Intoxication. Many people expect to undergo the same type of Standardized Field Sobriety Tests, breathalyzer or blood tests that are used in DUI offenses. However, these tests are almost never used in cases where the police suspect Public Intoxication. The intoxication aspect of this charge is entirely in the subjective view of the officer making the arrest.

Driving on Suspended/Restricted License

In Tennessee, a person’s license may be suspended or restricted for many reasons, including failing to pay a traffic ticket, accumulating too many points on one’s license, being in an automobile accident and not having insurance. The process to restore someone’s license to active status can be long and tedious. However, there is almost always a way to work through it.

Felonies

Felonies

Felony charges include things like aggravated assault, drug trafficking, robbery, and sexual assault. These charges are considered more serious, and therefore, can result in higher penalties. Felonies will appear on your record, and may impact your ability to vote.

The type of punishment you will receive depends on what “class” of felony you have committed. There are five different “classes” of felonies in Tennessee: A, B, C, D, and E.

Class A – these are the most serious felonies, and can be punishable by death or life in prison.
Class B -punishable by 8 to 30 years of jail time and extensive fines
Class C – punishable by 3 to 15 years in prison and fines up to $10,000
Class D – punishable by 2 to 12 years imprisonment and fines up to $5,000
Class E – these are the least serious felonies, and are punishable by 1 to 6 years imprisonment and fines up to $3,000

Felony Theft

Class E, D C & B felonies (Offense level will vary depending on amount) Sentencing range one to 12 years The severity of a theft is reflected in the seriousness of the felony as follows:

• E = $1,000 to $5,000
• D = $5,000 to $10,000
• C = $10,000 to $60,000
• B = $60,000 to $150,000

Felony theft, which could be the result of embezzlement, theft of larger pieces of property or something valuable, must be investigated thoroughly. With quick action, the most severe consequences of a felony theft incident can be avoided.

Possession with the Intent to Manufacture, Sell, or Deliver Controlled Substances (also known as drugs)

Homicide
First Degree Murder
Second Degree Murder
Manslaughter
Reckless Homicide
Negligent Homicide

DUI and Related Offenses

Penalties for driving under the influence, increase with the severity of the offense, and increase if you have a history of DUI offenses. The legal limit for blood alcohol content is 0.08%.

In Tennessee, penalties are as follows:

Refusal to Submit to Blood Alcohol Content test

• One-year revocation of your driver’s license for a first offense
• Two years revocation of your driver’s license for a 2nd offense, or if crash resulted in bodily injury
• Five years revocation of your driver’s license if a crash resulted in a death

First Time Offenders:

• 48 hours to 11 months and 29 days of jail time
• Minimum jail time of 7 days if BAC is .20% or higher
• $350 to $1,500 fine
• Pay restitution for any injury or loss
• Alcohol and drug treatment program
• Ignition Interlock device installed at your expense

Second Time Offenders:

• 45 days to 11 months and 29 days of jail time
• $600 to $3,500 fine
• Pay restitution for any injury or loss
• Alcohol and drug treatment program
• Ignition Interlock device installed at your expense
• License revocation or restriction for 2 years
• Potential vehicle seizure or forfeiture

Third Time Offenders:

• 120 days to 11 months and 29 days of jail time
• $1,100 to $10,000 fine
• Pay restitution for any injury or loss
• Alcohol and drug treatment program
• Ignition Interlock device installed at your expense
• License revocation or restriction for 6 years
• Potential vehicle seizure or forfeiture

Fourth and Subsequent Offenders:

• Class E Felony
• 1 year of jail time with a minimum of 150 days consecutive days served
• $3,000 to $15,000 fine
• Alcohol and drug treatment program
• Ignition interlock device installed at your expense
• License revocation or restriction for 8 years
• Potential vehicle seizure or forfeiture

Underage Driving While Impaired

A blood alcohol content of over .02% while driving for those under the age of 21 can lead to

• Driver’s license suspension for 1 year
• A $250 fine
• Public service work