Being charged with a misdemeanor in Tennessee can be a frightening experience, especially if you are unfamiliar with the criminal justice system. Even if it is not a felony, it is still serious. Unfortunately, with a conviction, fines, probation, or jail time can come into play. But this is not the time to panic.
We are here to provide you with an in-depth look at what happens after you’re charged with a misdemeanor in Tennessee.
What Is a Misdemeanor?
Not all crimes are treated the same. In Tennessee, misdemeanors are less severe than felonies. However, they are more serious than infractions like a parking ticket. Misdemeanors are broken down into three classes:
- Class A: This is the most serious. With a conviction, you could face up to 11 months and 29 days in jail with fines up to $2,500.
- Class B: These are mid-range offenses. They can involve six months in jail and fines up to $500.
- Class C: These are the least serious, with up to 30 days in jail and fines up to $50.
Misdemeanors include simple assault, DUI (first offense), petty theft, or vandalism. However, even a “small” misdemeanor can leave a mark on your record. For that reason, you will want to handle it seriously.
Let’s look at what you can expect with the process.
Arrest and Booking
This process starts with an arrest. If law enforcement thinks there’s probable cause that you may have committed a crime, you might be booked. Depending on the offense, you could receive a citation to appear in court later instead of staying in jail overnight.
Some misdemeanors may not even require you to go to jail. You might get a ticket or a court date. While that saves the stress of a formal arrest, you still have to worry about facing the charge.
Arraignment
Next up is the arraignment. This is your first day in court. The judge reads the charges, explains your rights, and you enter a plea. You have three options.
With a guilty plea, you are admitting the charge and accepting sentencing. A not guilty plea means you are denying the charge and moving forward in the legal process. And with a no contest plea, you are not admitting guilt but are willing to accept the penalty.
You will want to have a Tennessee criminal defense attorney for this process. They will explain what each choice really means for you, negotiate possible deals, and make sure your rights are protected.
Pre-Trial Maneuvers
If you plead not guilty, your case moves into pre-trial proceedings. At this stage, your lawyer and the prosecutor share evidence, file motions, and sometimes reach a plea deal. Many misdemeanor cases are resolved this way.
Trial
If a deal is not reached, you head to trial. Tennessee misdemeanors are heard in the general sessions court or circuit court. During the trial, both sides present evidence and witnesses. The judge or jury decides if the state has proven its case beyond a reasonable doubt. If you are convicted, the next stop is sentencing.
Sentencing
Sentencing depends on the type of misdemeanor, your record, and the circumstances of your case. Some of these possible outcomes include:
- Fines
- Probation
- Jail
- Restitution
Sometimes, the judge can offer alternative sentencing or diversion programs. These allow you to complete classes, counseling, or community service instead of traditional punishment. Many times, that can lead to charges being dismissed.
Life After Conviction
Even if you are convicted, you can appeal if there were mistakes in the trial process. In some cases, you might be eligible for expungement or record sealing. That can open doors for jobs and housing down the road.
Let Us Help with Your Criminal Misdemeanor
While getting charged with a misdemeanor in Tennessee is scary, it does not have to derail your life. You need to lean on a good attorney. They can help you fight against these charges, giving you the best chance of a better outcome.
At Easter & DeVore, Attorneys at Law, we are here to assist with these cases. Reach out to us today to learn more about your legal options.
