If you have been charged with a crime in Tennessee — or you are worried you might be — one of the first questions that matters is whether the charge is a felony or a misdemeanor. The distinction is not just technical. It affects how much time you can spend in jail, where you serve that time, what happens to your rights afterward, and how the charge follows you for the rest of your life.
As a former prosecutor for the 16th Judicial District (Rutherford and Cannon Counties), I made charging decisions every day. I know exactly how these classifications work, what drives prosecutors to charge something as a felony versus a misdemeanor, and what a skilled defense attorney can do to push those charges down — or dismiss them entirely.
Here is what you need to understand.
The Basic Distinction: Misdemeanors vs. Felonies in Tennessee
Tennessee law divides criminal offenses into two major categories: misdemeanors and felonies. Within each category, there are further classifications based on severity.
Misdemeanors
Tennessee misdemeanors are divided into three classes:
- Class A Misdemeanor — the most serious misdemeanor. Punishable by up to 11 months and 29 days in jail and a fine up to $2,500. Examples: simple assault, first-offense DUI, domestic assault, driving on a suspended license.
- Class B Misdemeanor — punishable by up to 6 months in jail and fines up to $500. Examples: vandalism under $500 in value, reckless endangerment without a weapon.
- Class C Misdemeanor — the least serious level. Up to 30 days in jail and a fine up to $50. Examples: minor traffic offenses, public intoxication.
Felonies
Tennessee felonies are divided into five classes, plus a special category for capital offenses:
- Class A Felony — 15 to 60 years in state prison, with many carrying mandatory minimums. Examples: first-degree murder (life or death), especially aggravated robbery, aggravated rape.
- Class B Felony — 8 to 30 years. Examples: second-degree murder, especially aggravated burglary, manufacturing methamphetamine.
- Class C Felony — 3 to 15 years. Examples: aggravated assault (serious bodily injury), vehicular homicide, especially aggravated domestic assault.
- Class D Felony — 2 to 12 years. Examples: theft over $1,000, aggravated burglary, certain drug offenses.
- Class E Felony — 1 to 6 years. Examples: especially aggravated stalking, theft over $500, certain felony DUI offenses (fourth offense).
For all felony convictions, sentences are served in Tennessee state prison rather than local county jail.
Where You Serve Your Time Matters
This is a key practical distinction many people overlook. Misdemeanor sentences are served in county jail — in Rutherford County, that means the Rutherford County Adult Detention Center. Felony sentences are served in Tennessee Department of Correction facilities, which are larger state prisons with entirely different environments and programming.
For misdemeanor sentences, there is often the possibility of split sentencing (serving a portion in jail and the remainder on probation), work release, or weekend sentences for employed individuals. Felony sentences, particularly for Class A, B, and C felonies, often carry mandatory minimum incarceration requirements that limit the judge's flexibility.
The Consequences Beyond the Sentence
The sentence itself is only part of the picture. Both felonies and misdemeanors carry consequences that extend far beyond the time served.
Employment
Tennessee employers routinely conduct background checks. Both felony and misdemeanor convictions appear. A felony conviction often disqualifies applicants from jobs in healthcare, education, government, law enforcement, financial services, and many licensed trades. Even misdemeanor convictions can affect professional licensing.
Professional Licenses
If you hold — or plan to pursue — a professional license in Tennessee (nursing, real estate, teaching, law, cosmetology, and many others), a criminal conviction may trigger a licensing board review. Felony convictions frequently result in license denial or revocation. Certain misdemeanor convictions, particularly those involving dishonesty or violence, can have the same effect.
Firearm Rights
A felony conviction results in permanent loss of the right to possess firearms under both federal law (18 U.S.C. § 922(g)) and Tennessee law (T.C.A. § 39-17-1307). Some misdemeanor convictions — including domestic assault convictions, regardless of classification — also trigger federal firearm prohibitions under the Lautenberg Amendment.
Voting Rights
In Tennessee, a felony conviction results in the loss of voting rights. Rights can be restored after completing the sentence, including probation and parole, and paying all fines and restitution — but restoration requires a separate application process and is not automatic.
Housing
Landlords routinely run criminal background checks. Felony convictions frequently disqualify applicants from rental housing, including federally subsidized housing programs.
Immigration
For non-citizens, any criminal conviction — including certain misdemeanors — can trigger serious immigration consequences including deportation, inadmissibility, and denial of naturalization. Aggravated felony convictions under federal immigration law carry the most severe consequences.
How Charges Get Classified — and Changed
Here is something that most people charged with a crime do not know: the charge you are initially arrested for is often not the charge you will ultimately face.
When law enforcement makes an arrest, they apply whatever classification they believe fits at that moment, often under pressure and without full information. The prosecutor then reviews the case and makes an independent charging decision. That prosecutor — someone like I used to be — has broad discretion to charge a higher offense, a lower offense, or sometimes no offense at all.
This is where an experienced defense attorney creates real value. Before charges are formally filed, we can often present information, evidence, or legal arguments that persuade the prosecutor to charge a misdemeanor instead of a felony — or to file fewer charges than initially contemplated.
Negotiating Charge Reductions
Even after charges are filed, plea negotiations frequently result in reduced charges. A felony drug possession charge may be negotiated down to a misdemeanor. An aggravated assault may be reduced to simple assault. A felony DUI may be negotiated to reckless driving.
These reductions matter enormously. The difference between a felony and a Class A misdemeanor can be the difference between going to state prison and serving weekends in county jail. It can be the difference between losing your nursing license and keeping your career. It can be the difference between losing your right to own a firearm and keeping it.
Judicial Diversion
For eligible defendants — typically first offenders charged with certain non-violent offenses — Tennessee law allows for judicial diversion under T.C.A. § 40-35-313. A defendant granted judicial diversion enters a guilty plea, completes a probationary period with conditions, and if successful, the conviction is dismissed and the record expunged.
Judicial diversion is not available for all charges or all defendants, but where it is available, it is one of the most powerful tools in a defense attorney's toolkit.
What You Should Do If You Are Charged
1. Do not speak to police without an attorney. This applies to felonies and misdemeanors alike. Anything you say can and will be used against you. The right to remain silent exists for a reason — use it.
2. Do not assume a misdemeanor is not serious. A Class A misdemeanor conviction can derail a career, cost you a professional license, and follow you for life. Take every charge seriously.
3. Do not assume a felony is hopeless. Many felony charges are reduced or dismissed through skilled legal advocacy, pretrial motions, and negotiation. The initial charge is not the final word.
4. Hire an attorney as early as possible. The earlier an attorney gets involved, the more options are available. Evidence can be preserved, witnesses can be interviewed, and charging decisions can be influenced before they become final.
Facing Criminal Charges in Murfreesboro or Middle Tennessee?
Whether you are facing a misdemeanor or a felony, you deserve to know your options — and to have an attorney who will fight for the best possible outcome. As a former police officer and former prosecutor, I have seen how these cases are built. Now I use that knowledge to defend people like you.
Call Quinn Rodriguez Law PLLC at (615) 546-5551 for a free, confidential consultation. We serve clients throughout Rutherford County, Williamson County, Wilson County, and all of Middle Tennessee.
The results of any prior case do not guarantee a similar result in future cases. Every case is different.