Knoxville Misdemeanor Lawyers

Tennessee Misdemeanor Laws Explained

Facing a misdemeanor charge alone can be daunting. You need an ally that will be by your side every step of the way. Our Knoxville criminal defense lawyers have extensive experience with misdemeanor cases and can fight for your rights. When you schedule a free consultation with us, we can explain what the charges against you mean and how our team would go about fighting them.

Facing a misdemeanor charge? Don't go through it alone. Contact us today at (865) 544-2010 for a free consultation.

Understanding Misdemeanors: What You Need to Know

Misdemeanors are less serious than felonies, but are crimes that are punishable by up to one year in prison as well as fines, restitution, and/or community service. It is also important to remember that a misdemeanor conviction will remain on your criminal record and appear on background checks, which affects employment and housing opportunities.

For these reasons, it is important that you take measures to fight a misdemeanor charge. At Eldridge and Cravens, PC, our Knoxville misdemeanor attorneys can review your case and advise you on what can be done to eliminate or minimize the consequences.

Common Types of Misdemeanor Charges in Tennessee

Typical misdemeanors include:

• 1st Offense DUIs
• Minor Drug Possession Charges
• Small Theft Crimes
• Traffic Violations
• Vandalism
• Trespassing
• Simple Violent Crimes
• Disorderly Conduct

Understanding Misdemeanor Penalties in Tennessee

Tennessee classifies misdemeanors into Class A, Class B, and Class C. You have the same rights with a misdemeanor charge as you would with a felony charge: the right to remain silent, the right to an attorney, etc. For misdemeanor offenses, a jail sentence can be imposed.

The penalties for misdemeanors vary depending on their classification:

Tennessee Class C Misdemeanors: Overview

The least serious misdemeanor charge, these usually involve traffic offenses and other minor offenses. Can carry a penalty of up to 30 days in jail and up to $50 in fines.

Examples of Class C misdemeanors include:

• Criminal trespass
• Disorderly conduct
• Public intoxication
• And most traffic offenses

Class B Misdemeanors in Tennessee: Key Offenses

In Tennessee, these charges include offenses such as reckless driving and prostitution. Penalties can include up to 6 months in jail and up to $500 in fines.

Tennessee Class A Misdemeanors: Most Severe Charges

The most severe misdemeanor charge, offenses include:

• DUI
• Simple possession
• Theft under $1,000
• Assault
• And underage consumption, among others

Penalties can include up to eleven months and twenty-nine days in jail and maximum fines of $2,500.

Defenses to Misdemeanor Charges

When facing misdemeanor charges, there are several possible defenses that could help reduce or dismiss the case against you. Common defenses include:

• Mistaken Identity: You may not have been the person involved in the crime. If you can prove you were not at the scene or were misidentified, the charges could be dropped.
• Lack of Intent: For some crimes, intent is a key factor. If you did not intentionally commit the offense, such as in a theft or assault case, it could work in your favor.
• Self-Defense: If you were defending yourself from harm, you may be justified in your actions. Self-defense is a valid defense in many assault or battery cases.
• Unlawful Search and Seizure: If evidence was obtained through an illegal search or arrest, it could be excluded from the case. This can sometimes lead to the charges being dropped or reduced.

The Impact of a Misdemeanor Conviction

A misdemeanor conviction can affect your life in ways you may not realize. Some of the consequences include:

• Employment: A criminal record may make it harder to find or keep a job, especially in fields requiring background checks. Some employers may be hesitant to hire someone with a conviction.
• Professional Licenses: For those in fields like law, healthcare, or teaching, a misdemeanor conviction could lead to losing your license or being disqualified from future licensing opportunities.
• Immigration Status: Non-citizens could face deportation or visa issues if convicted of a misdemeanor, particularly if it is related to drugs or violence.

The Misdemeanor Court Process in Tennessee

If you're charged with a misdemeanor in Tennessee, here’s what you can expect during the legal process:

• Arrest: If you are arrested, you will be taken to jail and booked. You may be released on bail or await your court date in custody.
• Initial Court Appearance: You’ll appear in court, where you will hear the charges against you. You can enter a plea (guilty, not guilty, or no contest).
• Pretrial Conference: Your attorney may meet with the prosecutor to discuss the case. At this point, a plea bargain may be offered, allowing you to plead to a lesser charge or receive a reduced sentence.
• Trial: If no plea agreement is reached, your case will go to trial. Both sides will present evidence, and a judge or jury will decide your fate.
• Sentencing: If convicted, you will be sentenced based on the severity of the offense. This may involve jail time, fines, or probation.

Understanding these steps and potential defenses can help you navigate the misdemeanor process with more confidence.

FAQ About Misdemeanor Charges

• What is the difference between a misdemeanor and a felony?
  A misdemeanor is a less serious offense than a felony, typically punishable by up to one year in jail or less. Felonies, on the other hand, are more severe crimes with penalties ranging from one year in prison to life imprisonment or even death.
• Can I fight a misdemeanor charge without an attorney?
  While you can represent yourself, it is highly recommended to have an attorney. A skilled criminal defense lawyer can identify legal defenses, negotiate plea deals, and ensure that your rights are protected throughout the process.
• Will a misdemeanor conviction show up on my background check?
  Yes, a misdemeanor conviction will remain on your criminal record and can appear during a background check. This may impact your ability to secure employment or housing, especially in fields that require a clean record.
• Can a misdemeanor be expunged from my record in Tennessee?
  Yes, in certain circumstances, you may be eligible to have a misdemeanor expunged from your criminal record in Tennessee. If the conviction was for a non-violent offense and you completed your sentence without further violations, you can petition the court for expungement.
• What happens if I miss a court date for a misdemeanor charge?
  Missing a court date can lead to serious consequences, such as a bench warrant for your arrest. It’s important to inform your attorney or the court as soon as possible if you cannot attend your scheduled hearing.
• Can I get a lesser sentence for a misdemeanor charge?
  In some cases, yes. If you are a first-time offender or the crime is minor, you may be eligible for alternative sentencing, such as probation, community service, or attending a diversion program, instead of jail time.
• Can I appeal a misdemeanor conviction in Tennessee?
  Yes, you have the right to appeal a misdemeanor conviction if you believe there was an error in the trial process. An appeal is typically made to a higher court, and your attorney can guide you through the process.

Need help with a misdemeanor case? Our experienced team is ready to assist. Contact us now at (865) 544-2010 and take the first step toward defending your rights.