Tennessee Criminal Defense Attorneys

Felony Statute of Limitations

No limit

No limit for first-degree murder, second-degree murder, aggravated rape of a child, rape of a child, severe child abuse, child sexual exploitation; 25 years for certain offenses against minors; 15 years for Class A felonies; 8 years for Class B felonies; 4 years for Class C/D felonies; 2 years for Class E felonies (Tenn. Code § 40-2-101)

Misdemeanor Statute of Limitations

12 months

12 months for most misdemeanors (§ 40-2-102)

Sentencing Structure

Class A-E

Class A-E felonies and Class A-C misdemeanors under Criminal Sentencing Reform Act of 1989 (§ 40-35-101 et seq.); determinate sentencing within ranges based on offender classification (Range I, II, III); Truth in Sentencing for violent offenses; mandatory minimums for certain firearms, drug, and DUI offenses

Expungement / Record Sealing

5 years

Tenn. Code § 40-32-101 et seq. — expungement of certain non-violent Class E felonies and most misdemeanors after 5 years post-completion; broader for non-convictions; Diversion completion = automatic expungement (§ 40-15-105, § 40-35-313)

Bail / Pretrial Release

4%

Bail under § 40-11-101 et seq.; constitutional right to bail with exceptions for capital offenses (Tenn. Const. Art. I, § 15); 4% bail bondsman premium common

Typical attorney fee

Hourly

Hourly / Flat Fee

Tennessee classifies crimes under Tenn. Code Title 39. Felonies are Class A (15-60 years), B (8-30), C (3-15), D (2-12), and E (1-6) under the Criminal Sentencing Reform Act of 1989 (§ 40-35-111). Misdemeanors are Class A (up to 11 months 29 days), B (up to 6 months), and C (up to 30 days). First-Degree Murder carries life, life without parole, or death (§ 39-13-202) — Tennessee retains an active death penalty and has resumed executions in recent years. Tennessee marijuana laws remain among the strictest in the country: no medical or recreational legalization. Simple possession (.5 oz or less) is a Class A misdemeanor (§ 39-17-418) up to 11 months 29 days. Pretrial Diversion (§ 40-15-105) is available for many first-offenders before prosecution begins, leading to dismissal and expungement. Judicial Diversion (§ 40-35-313) is available after a guilty plea but before conviction, leading to dismissal and expungement upon completion. Tennessee’s 31 Judicial Districts each have an elected District Attorney General with broad discretion. Tennessee uses determinate sentencing within statutory ranges based on offender classification (Range I-III) and offense class.