By Nathan Cate, Nashville Criminal Defense Attorney | Cate Law
The difference between a felony and a misdemeanor isn’t just legal terminology. It determines how much time you could serve, whether you lose your right to vote, whether you can own a firearm, and whether that conviction follows you into every job interview and rental application for the rest of your life.
I’m Nathan Cate, a criminal defense attorney in Nashville. I’ve tried 53 jury trials to verdict across Middle Tennessee, handling everything from Class C misdemeanor charges to the most serious felonies on the books. The classification of your charge shapes every decision your attorney makes — from how to negotiate, to whether to take the case to trial, to what a realistic outcome looks like. Here’s how it works in Tennessee.
How Tennessee Classifies Criminal Offenses
Tennessee divides criminal offenses into two broad categories: felonies and misdemeanors. Within each category, there are subcategories ranked by severity. The classification determines the range of punishment the judge can impose.
Felony Classifications
Tennessee felonies are classified from Class A (most serious) down to Class E (least serious). Under Tenn. Code Ann. ss 40-35-111, the authorized sentence ranges for each class are:
| Classification | Sentence Range | Fine (up to) | |—|—|—| | Class A Felony | 15 to 60 years | $50,000 | | Class B Felony | 8 to 30 years | $25,000 | | Class C Felony | 3 to 15 years | $10,000 | | Class D Felony | 2 to 12 years | $5,000 | | Class E Felony | 1 to 6 years | $3,000 |
These are the base ranges. The exact sentence within the range depends on the defendant’s offender classification — standard, multiple, persistent, or career — under Tenn. Code Ann. ss 40-35-112. A first-time offender convicted of a Class D felony faces 2 to 4 years. A career offender convicted of the same charge faces 8 to 12 years. The classification system layers, and the layers matter.
First-degree murder sits above this chart as the only Class A felony that carries a potential sentence of life imprisonment or death.
Misdemeanor Classifications
Tennessee misdemeanors are classified from Class A (most serious) down to Class C (least serious):
| Classification | Sentence Range | Fine (up to) | |—|—|—| | Class A Misdemeanor | Up to 11 months, 29 days | $2,500 | | Class B Misdemeanor | Up to 6 months | $500 | | Class C Misdemeanor | Up to 30 days | $50 |
The “11 months, 29 days” number for Class A misdemeanors is not arbitrary. It’s exactly one day short of a year, which keeps it below the constitutional threshold for a jury trial in many contexts and below the federal definition of a felony for immigration and other purposes.
Why the Classification of Your Charge Matters So Much
The difference between a felony and a misdemeanor extends far beyond the courtroom. The collateral consequences — the things that happen outside of your sentence — are where the gap between the two categories becomes a chasm.
Voting Rights
A felony conviction in Tennessee results in the loss of your right to vote. Restoring voting rights after a felony conviction requires completing your sentence (including probation and parole), paying all court-ordered restitution, and being current on child support obligations. The process varies depending on when the conviction occurred and the type of felony. For certain offenses, voting rights cannot be restored at all.
A misdemeanor conviction does not affect your right to vote.
Firearms Rights
Under Tennessee and federal law, a felony conviction strips your right to possess firearms. This is permanent under federal law — 18 U.S.C. ss 922(g) applies regardless of state restoration procedures. Tennessee has its own firearm disability statutes as well.
A misdemeanor conviction generally does not affect firearms rights, with one major exception: a conviction for domestic assault (a misdemeanor under Tennessee law) triggers a federal firearms prohibition under the Lautenberg Amendment. This is one of the most consequential collateral consequences for a misdemeanor-level offense.
Employment
Both felony and misdemeanor convictions create employment barriers, but felony convictions are in a different category. Most employment applications ask about felony convictions. Many professional licenses — in healthcare, education, law enforcement, finance — are unavailable to convicted felons. Background check companies flag felony records prominently.
Misdemeanor convictions can also affect employment, but the barriers are lower and more industry-specific.
Housing
Landlords and property management companies routinely run background checks. Felony convictions are common grounds for denial, particularly for violent crimes and drug-related offenses. Public housing authorities have their own policies that can bar applicants with felony records. Misdemeanor records create fewer housing barriers, though some landlords have blanket criminal-history policies that screen out both.
Professional Licensing
If you hold or plan to obtain a professional license in Tennessee — nursing, teaching, real estate, insurance, cosmetology, commercial driving — a felony conviction can result in denial or revocation. The specific impact depends on the licensing board and the relationship between the conviction and the profession, but the burden of overcoming a felony on a license application is heavy.
How Charges Get Reduced: Felony to Misdemeanor
One of the most important things a defense attorney does is fight to reduce the classification of a charge. Moving a case from felony territory into misdemeanor territory changes everything — the potential sentence, the collateral consequences, and the long-term impact on the defendant’s life.
Plea Negotiation
The most common path from felony to misdemeanor is through negotiation with the prosecutor. In many cases, the state is willing to reduce charges in exchange for a guilty plea to a lesser offense. A Class E felony theft charge might be reduced to a Class A misdemeanor. An aggravated assault might be negotiated down to simple assault. These negotiations depend on the facts of the case, the defendant’s record, the strength of the evidence, and the skill of the defense attorney.
Preliminary Hearing
At a preliminary hearing in General Sessions Court, the judge determines whether there’s probable cause to believe a felony was committed. If the state can’t establish probable cause for the felony, the charge can be reduced to a misdemeanor at that stage. This is a critical checkpoint — it’s the defendant’s first opportunity to challenge the felony classification.
Judicial Diversion
For first-time offenders charged with certain felonies and misdemeanors, Tennessee law allows judicial diversion — a form of probation where the charge is dismissed upon successful completion. Not all offenses qualify, and the decision is in the judge’s discretion, but diversion avoids a conviction entirely. It’s one of the most powerful tools in Tennessee criminal defense.
Expungement
While not a reduction in classification at sentencing, Tennessee law allows certain convictions to be expunged (erased from the record) after completion of the sentence. The eligibility rules are specific and depend on the class of offense, the type of crime, and the defendant’s history. Expungement doesn’t change what happened in court, but it eliminates the conviction from background checks — which functionally erases most of the collateral consequences.
When a Misdemeanor Becomes a Felony
The line between misdemeanor and felony isn’t always fixed. Several mechanisms can push a misdemeanor-level offense into felony territory.
Prior Convictions
Some offenses escalate with repetition. A first-offense DUI in Tennessee is a Class A misdemeanor. A fourth DUI offense is a Class E felony. Domestic assault follows a similar pattern — a third or subsequent conviction elevates to a Class E felony. The prior conviction record is the trigger, and it’s one of the reasons that resolving even minor charges properly matters so much.
Aggravating Factors
Certain circumstances elevate the classification of an offense. Simple assault (Class A misdemeanor) becomes aggravated assault (Class C or D felony) when a deadly weapon is involved or when the victim suffers serious bodily injury. Theft of property valued at $1,000 or less is a Class A misdemeanor; theft of property valued over $1,000 is a Class E felony, and the classification increases with the value of the property.
Victim Status
Assaulting certain categories of victims — law enforcement officers, first responders, teachers, healthcare workers — can elevate an otherwise misdemeanor offense to a felony. The legislature has expanded these categories over the years, and the specific victim-status enhancements vary by offense.
Statutory Enhancements
Tennessee has numerous enhancement statutes that increase penalties based on specific circumstances: gang involvement, use of a firearm during the commission of a felony, offenses committed in drug-free school zones, and others. These enhancements can push a charge into a higher classification or add mandatory minimum sentences.
What This Means for Your Case
If you’re facing criminal charges in Tennessee, the classification of your offense is the first thing your attorney should analyze. The strategy for defending a Class E felony is fundamentally different from the strategy for defending a Class A misdemeanor — even when the underlying conduct is similar.
Here’s what I look at:
Can the charge be reduced? If you’re facing a felony, is there a path to a misdemeanor? If you’re facing a Class A misdemeanor, is there a path to a Class B or C? Every step down the classification ladder reduces the potential sentence and the collateral consequences.
What’s the offender classification? Your prior record determines where in the sentencing range you fall. A first-time offender and a repeat offender face different math on the same charge.
Are enhancements in play? If the state is seeking enhanced penalties, those enhancements need to be challenged — on the facts, on the evidence, and on the law.
What are the collateral consequences? For some clients, the jail time matters less than the firearms disability, the professional license impact, or the immigration consequences. The classification drives all of it.
For a detailed look at how specific charges are handled, see our practice areas page, or if you’re facing a charge involving violent crimes, read about how we approach those cases.
Frequently Asked Questions
What is the most common felony charge in Tennessee?
Drug offenses and theft offenses are among the most frequently charged felonies in Tennessee. Possession of a controlled substance with intent to sell or deliver, aggravated burglary, and felony DUI (fourth offense or involving injury) are also common. The classification depends on the specific circumstances — drug charges, for example, range from Class E felony for simple possession of certain substances to Class A felony for large-scale manufacturing or distribution.
Can a felony be reduced to a misdemeanor in Tennessee?
Yes. Felony charges are regularly reduced to misdemeanors through plea negotiations, preliminary hearings, and sometimes at trial when the jury convicts on a lesser included offense. The reduction depends on the facts of the case, the strength of the evidence, the defendant’s criminal history, and the defense attorney’s ability to negotiate with the prosecutor. Not every felony can be reduced, but the question should always be asked.
How long does a felony stay on your record in Tennessee?
A felony conviction is permanent unless it is eligible for expungement. Tennessee has expanded its expungement laws in recent years, but eligibility is specific — it depends on the class of felony, the type of offense, and whether the defendant has completed the full sentence including probation. Certain serious felonies (sexual offenses, some violent crimes) are never eligible for expungement.
What is the difference between a Class E felony and a Class A misdemeanor?
The practical difference is enormous. A Class E felony carries one to six years in prison, a fine of up to $3,000, and all the collateral consequences of a felony conviction — loss of voting rights, firearms prohibition, and severe employment and housing barriers. A Class A misdemeanor carries up to 11 months and 29 days in jail, a fine of up to $2,500, and far fewer collateral consequences. The sentencing gap may look small on paper, but the lifetime impact of a felony record versus a misdemeanor record is dramatic.
Do misdemeanors show up on background checks in Tennessee?
Yes. Both felony and misdemeanor convictions appear on standard criminal background checks in Tennessee. However, the impact differs — many employers and landlords focus on felony convictions, and misdemeanor records are weighted less heavily in most screening processes. Certain misdemeanors may be eligible for expungement, which removes them from background checks entirely.
Can I get a gun with a misdemeanor conviction in Tennessee?
For most misdemeanor convictions, your firearms rights are unaffected. The major exception is a conviction for misdemeanor domestic violence (domestic assault under Tennessee law), which triggers a federal firearms prohibition under the Lautenberg Amendment. This is a lifetime ban unless the conviction is expunged or otherwise removed. If you’re facing a domestic assault charge, the firearms consequence is one of the most important factors to discuss with your attorney.
Charged with a felony or misdemeanor in Tennessee? Call (615) 664-8083 for a free consultation.