Criminal Defense in Tennessee
If you're facing criminal charges in Tennessee, the stakes and the process depend heavily on how the offense is classified and where the case is heard. This hub explains Tennessee's felony and misdemeanor classes, how a case moves from arrest through trial, and the rights every defendant has — then links guides to the most common charges: DUI, drug, assault, and theft.
By Find Local Law Editorial Team · Last reviewed: May 25, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. If you’re charged with a crime, talk to a Tennessee criminal-defense attorney — and exercise your right to remain silent until you do.
Tennessee criminal law is built around how seriously the law treats an offense and the process a case follows.
Felonies and misdemeanors
Tennessee classifies offenses by severity (T.C.A. § 40-35-110):
- Felonies — Class A, B, C, D, or E (most serious to least). A felony with no stated class defaults to Class E.
- Misdemeanors — Class A, B, or C. A misdemeanor with no stated class defaults to Class A.
Authorized terms come from T.C.A. § 40-35-111. Misdemeanor maximums are fixed:
| Misdemeanor class | Maximum jail | Maximum fine |
|---|---|---|
| Class A | 11 months, 29 days | $2,500 |
| Class B | 6 months | $500 |
| Class C | 30 days | $50 |
Felonies carry potential prison terms over a year, set within ranges that depend on the offense class and the defendant’s release-eligibility range — so the actual exposure is case-specific. Confirm current penalties against the statute.
How a Tennessee case moves
- Arrest and booking, then bail/bond for release pending trial.
- General Sessions Court handles the early stages — the preliminary hearing (where a judge decides if there’s probable cause to send a felony to the grand jury) and most misdemeanor trials.
- Grand jury indictment for felonies.
- Trial in Circuit Court or Criminal Court (courts of general jurisdiction), which also hear misdemeanor appeals from General Sessions.
Your core rights
These come from the U.S. and Tennessee Constitutions, not a statute:
- The right to a lawyer — including court-appointed counsel if you can’t afford one and face jail.
- The right to remain silent.
- The presumption of innocence — the State must prove guilt beyond a reasonable doubt.
The guides
Pick your charge below. After a case ends, many records can be cleared — see Tennessee expungement. To get matched with a local Tennessee criminal-defense attorney, connect with a lawyer.
Guides
- Tennessee Assault & Domestic Assault Charges
Tennessee simple assault (T.C.A. § 39-13-101) is a misdemeanor, but it becomes the felony of aggravated assault (§ 39-13-102) when there's serious bodily injury, a deadly weapon, or strangulation. Domestic assault (§ 39-13-111) is an assault against a 'domestic abuse victim' and carries enhanced consequences and firearm restrictions.
- The Tennessee Criminal Case Process
A Tennessee criminal case generally moves from arrest and booking, to bond, to General Sessions Court (which handles preliminary hearings for felonies and most misdemeanor trials), to a grand jury indictment for felonies, and finally to trial in Circuit or Criminal Court. Misdemeanor convictions in General Sessions can be appealed to Circuit/Criminal Court.
- Tennessee Drug Charges
Tennessee drug charges turn on what you did with the substance. Simple possession or casual exchange (T.C.A. § 39-17-418) is generally a Class A misdemeanor, while manufacturing, delivering, selling, or possessing with intent (§ 39-17-417) is a felony graded by the drug's schedule and amount. Tennessee classifies substances into schedules under § 39-17-403 and following.
- Tennessee DUI Charges
Tennessee DUI law (T.C.A. § 55-10-401) makes it illegal to drive while impaired or with a BAC of 0.08% or more — lower for commercial drivers (0.04%) and drivers under 21 (0.02%). The implied-consent law means refusing a test triggers a license suspension. Penalties escalate with each prior offense, and a fourth DUI is a felony. Confirm specific jail minimums and fines against the current statute.
- Tennessee Theft & Property Crimes
Tennessee consolidated old larceny/embezzlement offenses into one 'theft of property' offense (T.C.A. § 39-14-103), graded by the value of what was taken (§ 39-14-105). Theft of $1,000 or less is a Class A misdemeanor; above that, it's a felony with the class rising as the value increases. Confirm the current dollar tiers against the statute.
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