What are the penalties for a felony in Tennessee?

Felony penalties in Tennessee range from 1–6 years for the lowest class to 60 years for the most serious [§ 40-35-111]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 40-35-111]. Misdemeanors carry county jail time (up to 1 year) [§ 40-35-111]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Tennessee Criminal Defense Guide — Charges & Process

Q: Does Tennessee have a speedy trial requirement?

Tennessee does not have a fixed-day speedy trial clock [§ 40-14-101]. No statutory speedy trial clock. Barker v. Wingo balancing test applies. Four-term rule historically applied but is now largely superseded by constitutional analysis.

Q: Can I get my criminal record expunged in Tennessee?

Yes, for eligible offenses [§ 40-32-101]. Waiting periods: 5 years for eligible misdemeanors and select felonies after completion of sentence. Tennessee expanded expungement eligibility significantly in 2012 and 2017. Certain felonies are eligible if offense is on the statutory list and all conditions are met. Filing fee applies.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Tennessee.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Tennessee Criminal Process — Step by Step Your Rights in an Tennessee Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Tennessee classifies criminal offenses §40-35-111

Tennessee divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class A felony: 15–60 years, up to $50,000 fine - Class B felony: 8–30 years, up to $25,000 fine - Class C felony: 3–15 years, up to $10,000 fine - Class D felony: 2–12 years, up to $5,000 fine - Class E felony: 1–6 years, up to $3,000 fine

Misdemeanor classifications §40-35-111

Class A misdemeanor: up to 11 months, $2,500 fine - Class B misdemeanor: up to 6 months, $500 fine - Class C misdemeanor: up to 0 months, $50 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §40-35-111, Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §40-35-111	State prison (1 year or more) §40-35-111
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §40-32-101	Fewer offenses eligible §40-32-101

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §40-7-103. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Bail is a constitutional right for all except capital offenses. Bail reform: pretrial release assessment required (§40-11-115 et seq.). No bail for certain repeat violent offenders. §40-11-102 et seq.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §40-35-303, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Tennessee has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed. Administrative Office of the Courts oversees district public defenders across 31 judicial districts.
Right to a speedy trial — Tennessee does not set a fixed number of days for speedy trial §40-14-101. No statutory speedy trial clock. Barker v. Wingo balancing test applies. Four-term rule historically applied but is now largely superseded by constitutional analysis.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Tennessee: Per sentencing guidelines; generally up to length of sentence §40-35-303.

⚠Tennessee has a habitual offender law §40-35-120. Repeat violent offenders ('three strikes'): a defendant convicted of a listed violent offense who has the requisite prior violent-felony convictions is sentenced to imprisonment for life without possibility of parole.

Clearing your record

Tennessee does allow certain criminal records to be sealed or expunged §40-32-101. Waiting periods: 5 years for eligible misdemeanors and select felonies after completion of sentence. Tennessee expanded expungement eligibility significantly in 2012 and 2017. Certain felonies are eligible if offense is on the statutory list and all conditions are met. Filing fee applies.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §39-17-418. Marijuana possession: Class A misdemeanor (0.5 oz or less, casual exchange); Felony (over 0.5 oz, §39-17-418).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §39-13-101 et seq.. Domestic violence offenses carry additional consequences including protective orders §39-13-111.

Theft and property crimes

Classification depends on the value of property taken §39-14-103 et seq.. Felony threshold: $1,000 (Class E felony for $1,000–$2,499).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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