Nashville Criminal Defense Attorney

If you are reading this, you are probably scared, confused, and trying to figure out what just happened to you or someone you love. That is the right reaction. A Tennessee criminal charge is not a paperwork problem. It is a problem that can take your job, your driver’s license, your gun rights, your housing, and in serious cases, your freedom. The State of Tennessee has prosecutors, investigators, and a lab. You need a Nashville criminal defense attorney who actually tries cases on the other side of the table.

I’m Nathan Cate. I run N. Cate Law on 2nd Avenue North in downtown Nashville. I’ve taken 49 cases to a jury and walked clients out with 10 acquittals. A Tennessee judge has formally declared me a court-qualified expert in criminal defense. I practice only in Tennessee state courts in Middle Tennessee — Davidson County and the surrounding counties where most Nashville-area cases actually live. This page is the map. If you want to understand what you are facing, what the process looks like, and what a real defense looks like, read it.

What I Defend in Tennessee State Courts

Most criminal defense attorneys in Nashville will say “yes” to anything that walks in the door. I don’t. I work the categories below because they’re where I actually know the statutes, the courtrooms, and the prosecutors well enough to be useful.

DUI

DUI in Tennessee is governed by Tenn. Code Ann. § 55-10-401 and the related sentencing provisions in § 55-10-402. A first-offense DUI is a Class A misdemeanor that carries a mandatory minimum 48 hours in jail (seven days if your BAC was .20 or higher), a one-year license revocation, an ignition interlock requirement, court costs that easily push past $1,500, and a permanent conviction that cannot be expunged in Tennessee. Second and third offenses escalate fast. A fourth DUI is a Class E felony.

The fight in a Nashville DUI is almost never about whether you had a drink. It’s about the stop, the field sobriety tests, the implied-consent advisory, the breath machine maintenance records, and whether the officer had legal cause for every single thing they did. Real DUI defense work happens in the body cam, the dispatch log, and the Intoximeter calibration packet — not at the negotiating table.

I cover DUI broadly at catelaw.com/dui, and dig into specific scenarios at DUI Offenses, Refusing the Breath/Blood Test, Reinstating Driving Privileges, and DUI with Child Endangerment.

Drug Charges

Tennessee’s drug code lives at Tenn. Code Ann. § 39-17-401 et seq. The exposure depends on the schedule and the weight. Simple possession of a Schedule VI substance (marijuana) is a Class A misdemeanor. Possession with intent to sell or deliver Schedule II (cocaine, meth, fentanyl, oxycodone) jumps to a Class C, B, or A felony depending on quantity, with mandatory minimums and steep fines. Heroin and fentanyl cases now routinely include trafficking enhancements and, when an overdose is alleged, second-degree murder under the drug-delivery-resulting-in-death theory the State has been pushing in Davidson County since 2018.

Drug cases turn on search-and-seizure law. Where was the substance found, how did the officer get there, was the warrant valid, did the K-9 alert pass Rodriguez muster, and did the lab actually weigh and test the substance correctly. More on the practice page at catelaw.com/drug-charges.

Violent Crimes

Assault, aggravated assault, robbery, aggravated robbery, attempted murder, and homicide cases are handled at Tenn. Code Ann. § 39-13-101 et seq. An aggravated assault under § 39-13-102 — the most common felony violent charge in Davidson County — is a Class C felony that carries 3 to 15 years and, depending on the facts, may be served at 30% (Range I), 35%, or higher. Domestic-violence assault adds mandatory holds, no-contact orders, and federal firearm consequences under the Lautenberg Amendment.

Violent-crime defense is about narrative. Who started it, who had a weapon, what does the body cam show in the first 90 seconds, and is there a credible self-defense or defense-of-others claim under Tennessee’s stand-your-ground statute (§ 39-11-611). I cover assault specifically at catelaw.com/aggravated-assault.

Sex Crimes

A sex-offense allegation in Tennessee is in a category by itself. Statutory rape, sexual battery, aggravated sexual battery, rape, and rape of a child are handled at Tenn. Code Ann. § 39-13-501 et seq. Even an acquittal does not erase the registry exposure or the social damage. A conviction means lifetime supervision, sex offender registry placement, residency restrictions, and in many cases mandatory minimums of 15, 25, or 60 years at 100%.

These cases are won or lost in the forensic interview, the medical exam, the digital evidence, and the prior statements of the complainant. They require a lawyer who is willing to read every page of the discovery and to challenge the State’s experts. I take a limited number of these cases per year. More at catelaw.com/sex-crimes.

Property Crimes

Theft, burglary, aggravated burglary, vandalism, forgery, identity theft, and fraud are graded under Tenn. Code Ann. § 39-14-101 et seq. Tennessee theft is value-tiered: under $1,000 is a Class A misdemeanor, $1,000–$2,500 is a Class E felony, and the felony classes climb from there to Class A for theft over $250,000. Burglary of a habitation (aggravated burglary, § 39-13-1003) is a Class C felony even if nothing was taken.

Property crime defense often involves identity questions (was it really you on the camera), intent questions (did you intend to permanently deprive), and value questions (was this really worth the felony threshold the State alleges). Restitution is also a major lever in plea negotiations. See catelaw.com/property-crimes.

Probation Violations

A probation violation in Tennessee is governed by Tenn. Code Ann. § 40-35-310 et seq. The State only has to prove the violation by a preponderance of the evidence — a much lower bar than a criminal trial — and the judge can revoke and order you to serve the entire underlying sentence in custody. New arrests, failed drug screens, missed appointments with your probation officer, and unpaid fees are the most common triggers in Davidson County.

Defense here is part legal (challenging hearsay, requiring the State to prove the predicate), part practical (presenting a credible reentry plan, treatment placement, or employment), and part timing (filing for a hearing fast before the warrant ages and the judge gets impatient). More at catelaw.com/probation-violation.

Petition to Suspend Sentence (Davidson County)

Davidson County, uniquely in Tennessee, allows a sentenced defendant to file a petition to suspend the remainder of a sentence under the local rule and § 40-35-306. If you are serving time on a Class C, D, or E felony in the Davidson County Sheriff’s custody and you have served enough of your sentence to qualify, a well-prepared petition with a treatment plan, employment letter, and clean institutional record can get you released to probation. This is one of the most underused tools in Davidson County criminal practice. More at catelaw.com/petition-to-suspend.

Injured by Law Enforcement or Security Agents

If you were assaulted by a Metro officer, a TDOC guard, a sheriff’s deputy, or a private security guard at a downtown bar, two things are usually happening at once: a criminal charge against you (often resisting arrest or assault on an officer) and a civil claim against the agency. I handle the criminal defense piece and coordinate with civil counsel on the § 1983 or state-tort side. More at catelaw.com/law-enforcement-and-security.

Tennessee Expungement

Tennessee expungement law lives at Tenn. Code Ann. § 40-32-101. Dismissed charges, no-true-bills, and acquittals can usually be expunged for a small filing fee. Convictions are harder — a single eligible Class E felony or qualifying misdemeanor may be expungeable five years after sentence completion under the diversion or post-conviction expungement statutes. I built a free interactive eligibility checker at tools.catelaw.com that walks you through whether your record qualifies; you can also start at the firm page: catelaw.com/tennessee-expungement-checker.

What Happens After You’re Arrested in Nashville

Most people arrested in Nashville have never been through this before. Here is the actual procedural path a Davidson County case takes — and the surrounding counties (Williamson, Rutherford, Sumner, etc.) follow nearly the same script with different courthouse names.

Step 1: Arrest and Transport

If Metro Nashville Police arrest you, you’ll be transported to the Downtown Detention Center on Harding Place or, for some bookings, the Hill Detention Center. If a Davidson County sheriff’s deputy arrests you outside Metro, same destination. Surrounding counties have their own jails — Williamson County’s jail is in Franklin, Rutherford County’s is in Murfreesboro. The arresting officer writes an affidavit of complaint that becomes the charging document for misdemeanors.

Step 2: Booking

Booking is fingerprinting, photographing, medical screening, and the property inventory. Plan on four to twelve hours from arrest to a bond being set. You will be asked questions. The only ones you need to answer are biographical: name, date of birth, address. You do not have to answer questions about the alleged offense, and you should not. Anything you say is recorded and will end up in discovery.

Step 3: Bond Setting

A magistrate sets bond based on a schedule for the charge, your criminal history, and your ties to the community. In Davidson County, misdemeanor bonds are often set at the magistrate level with a standard schedule. Felony bonds — especially violent felonies — may require a judicial commissioner or a General Sessions judge. You can post cash, hire a bondsman (typically 10% of the bond amount, non-refundable), or sit until the case moves.

Step 4: First Court Date in General Sessions

Every Davidson County criminal case starts in General Sessions Court at the A.A. Birch Building. Misdemeanor cases can be resolved in General Sessions: dismissed, pled, diverted, or set for trial in front of the General Sessions judge. Felony cases cannot be resolved in General Sessions on the merits — the only outcomes there are dismissal, reduction to a misdemeanor, bind-over to the Grand Jury, or settlement on a reduced charge.

Step 5: Preliminary Hearing OR Direct Presentment

For a felony, you have a right to a preliminary hearing in General Sessions where the State must show probable cause through live testimony. This is one of the most undervalued tools in criminal defense. A good cross-examination of the arresting officer at the prelim locks in their testimony under oath months before trial — and sometimes the case falls apart right there. The State can avoid a preliminary hearing by going directly to the Grand Jury for a presentment, which it often does in serious cases.

Step 6: Criminal Court Arraignment

Once a felony case is bound over (after the prelim) or directly presented (without one), it lands in Davidson County Criminal Court. There are nine criminal court divisions. Arraignment is where you formally enter a not-guilty plea, the case is set for status conferences, and discovery begins under Tenn. R. Crim. P. 16.

Step 7: Motions Practice

This is where the real defense work happens. Motions to suppress evidence (Fourth Amendment challenges to the stop, search, or arrest), motions to suppress statements (Fifth Amendment Miranda challenges), motions in limine to exclude prejudicial evidence at trial, and motions to compel discovery the State should have produced and didn’t. A serious motions calendar is what separates real defense from the plea-mill version.

Step 8: Trial or Plea

Most cases plead. That’s not a defense lawyer failure; it’s reality. But a case pleads on better terms when the State knows the defense is ready and willing to try it. If trial is the right call, you have a right to a jury of twelve and a unanimous verdict. Tennessee criminal trials follow a standard sequence: voir dire, opening statements, State’s case-in-chief, defense case (you do not have to put on proof), closings, jury instructions, deliberation, verdict.

If the verdict is guilty, sentencing is a separate hearing under the Tennessee Sentencing Reform Act of 1989 where mitigating evidence, character witnesses, and a sentencing memorandum can reduce exposure significantly.

Counties Where I Practice

I take cases throughout Middle Tennessee. Each county has its own quirks.

Davidson County (Nashville). Cases are heard in General Sessions at the A.A. Birch Building and in Criminal Court Divisions I–IX. Davidson is the largest criminal docket in Middle Tennessee. The Public Defender’s office is well-staffed, and the District Attorney’s office is divided into trial teams. Specialty courts (Recovery Court, Veterans Treatment Court, Mental Health Court) are real options for the right client.

Williamson County (Franklin/Brentwood). Cases are in Williamson County General Sessions and Criminal Court at the Williamson County Judicial Center. Williamson juries are notoriously conservative and law-and-order — that cuts both ways depending on the case. The DA’s office is small and runs cases tighter than Davidson.

Rutherford County (Murfreesboro). Heard at the Rutherford County Judicial Building. The county has been growing fast, the docket is heavy, and General Sessions runs through cases at speed. Local pretrial diversion practice is more flexible than Davidson on certain misdemeanors.

Sumner County (Gallatin/Hendersonville). Cases are heard in Sumner County General Sessions and Criminal Court in Gallatin. Smaller bench, more individual judge personality on bond and sentencing — knowing the room matters here.

Wilson County (Lebanon/Mt. Juliet). Wilson County Judicial Center in Lebanon. Wilson has been growing with Mt. Juliet expansion, but the criminal practice still has a small-county feel and direct prosecutor access.

Cheatham County (Ashland City). Small docket, single criminal court division. Cases here move quickly, and the prosecutors will talk before court if you call.

Robertson County (Springfield). Mid-sized docket, traditional Middle Tennessee practice. The drug docket has grown substantially with the I-65 corridor.

Maury County (Columbia). South of Davidson on I-65. Maury sees a lot of traffic-stop drug cases off the interstate and a heavy DUI calendar.

Dickson County (Dickson). West of Davidson on I-40. Smaller bench, faster docket, traditional sentencing. A Nashville criminal defense lawyer who travels to Dickson is worth the gas — local representation matters here too.

If your case is outside these counties or outside Tennessee state-court jurisdiction, I’ll tell you that on the call and refer you to a lawyer who handles it. I don’t take cases I’m not the right person for.

How a Real Criminal Defense Works

A lot of people walk into a criminal lawyer’s office expecting the lawyer to “fight for them.” That phrase doesn’t mean anything. Here’s what an actual defense looks like, in order.

Front-End Discovery

The case begins, for the defense, with reading every page of what the State has and demanding what they haven’t turned over. Body cam footage from every officer on scene, not just the arresting officer. Dispatch and CAD logs that show what was reported and when. K-9 deployment records and certification packets if a dog hit on your car. Lab packets — chain of custody, technician notes, instrument calibration logs, gas chromatography raw data. 911 call audio. Surveillance video from every camera within sight of the scene, demanded before the third-party retains it for only 30 days. If the State hasn’t produced it, the defense has to know it exists and ask for it. Most lawyers don’t.

Suppression Motions

The Fourth Amendment is the most powerful tool a Nashville criminal defense attorney has. If the stop was bad, everything after it gets suppressed. If the search exceeded the scope of the warrant, the evidence comes out. If the K-9 search was prolonged past the original mission of the stop in violation of Rodriguez v. United States, the drug evidence is gone. If the consent to search was coerced or the defendant didn’t actually consent, the evidence falls. Body cam preservation is critical here — most agencies retain footage only 30 to 90 days unless someone affirmatively requests preservation.

Plea Leverage

Here’s the part most clients don’t see: a credible suppression motion changes the State’s posture before it’s ever heard. When a prosecutor reads a 12-page motion with case cites and timestamps and knows the defense lawyer will actually argue it, the offer changes. That’s not a trick. That’s the system working. Cases settle better when the State believes the defense is ready and willing to litigate.

Trial Preparation

If trial is the call, real preparation starts months out. Drafting voir dire questions designed to identify and remove jurors who can’t be fair on the specific facts of the case. Outlining cross-examinations of every State witness, with prior-statement impeachment lined up. Identifying defense experts and challenging the State’s experts under Tenn. R. Evid. 702 and the McDaniel line of cases. Drafting jury instructions and lesser-included-offense requests. None of this happens the week before trial in a real defense.

Sentencing Mitigation

If the verdict is guilty, or if the case pleads, sentencing is its own battle. A sentencing memorandum with mitigation evidence — treatment records, employment history, military service, mental health diagnoses, family circumstances — can move a Range I sentence from 15 years at 30% to 10 years at 30%, or move a confinement sentence to split confinement with probation. Judges read the memo. A two-page boilerplate mitigation packet doesn’t move the needle. A 15-page memo with attachments does.

That’s the work. It is not glamorous, it is not on television, and it is what separates a defense that gets results from a defense that doesn’t. The Nashville criminal defense attorneys who actually move cases are the ones who treat every file the same way: read everything, demand what’s missing, file the motions that need to be filed, and walk into court ready to try the case if the offer doesn’t justify a plea. The clients who get the best outcomes are the ones who hired that kind of lawyer early — before the first General Sessions appearance, before any statements were given, and before the body cam timer ran out. The system rewards preparation. It punishes the absence of it.

What to Do Right Now if You’ve Just Been Charged

If you were arrested today, or your loved one was, here is the action list. In order.

  • Stop talking to police, prosecutors, detectives, and probation officers. Anything you say will be recorded, written down, and used. The polite officer who “just wants to clear something up” is collecting evidence. Politely say: “I want to speak to a lawyer.” That is the magic phrase. Then stop.
  • Stop talking about the case to friends, family, cellmates, and on the phone from jail. Jail calls are recorded. Detention center visits are recorded. Cellmates testify. The only protected conversation is with your lawyer.
  • Stop posting on social media. Don’t post about the case, the alleged victim, the police, or anything tangentially related. Don’t delete posts either — that can become an obstruction issue. Lock your accounts and step away.
  • Preserve evidence immediately. Body cam footage retention at most Tennessee agencies runs 30 to 90 days for non-evidence-flagged video. The clock starts the day of the incident. A preservation letter from a lawyer goes out in the first week, every time.
  • Write down everything you remember while it’s fresh. Times, locations, what was said, who was there, what officers did. Hand this to your lawyer only — never to anyone else. It is a memory aid for your defense, not a public document.
  • Hire a real lawyer before the first court date. Showing up to General Sessions without representation, or with a lawyer hired the morning of court, is how cases get worse. The first court date sets the tone for everything after it.

If you’ve done one or two of these wrong already, it is not the end of the case. It just means we have more work to do. Call.

Frequently Asked Questions

How much does a criminal defense lawyer cost in Nashville?

It depends on the charge, the county, the complexity of the discovery, and whether the case is going to trial. Most Nashville criminal defense attorneys charge a flat fee for a defined scope of work. A misdemeanor DUI defense might run $3,500–$7,500. A felony case in Criminal Court typically runs $7,500–$25,000 for representation through plea or motions. A felony jury trial is a separate engagement, generally starting around $15,000 and going up significantly for serious cases. Beware of any lawyer who gives a quote without seeing the affidavit and discovery, and beware of any lawyer who’s the cheapest option in town.

Do I really need a lawyer for a misdemeanor?

Yes. A Tennessee misdemeanor conviction stays on your record permanently unless it’s expungeable, which most are not after conviction. A simple-possession conviction can cost you a federal student loan. A domestic-assault conviction strips your gun rights for life under federal law. A theft conviction marks you as a “crime of dishonesty” for every job application from now until you die. The court costs of a misdemeanor conviction often exceed what you would have paid a lawyer to fight it. “It’s just a misdemeanor” is the most expensive sentence in Tennessee criminal law.

What’s the difference between General Sessions and Criminal Court in Davidson County?

General Sessions Court is the entry point. Every criminal case starts there. General Sessions can resolve misdemeanors fully — dismiss, plea, diversion, or trial — but cannot try a felony. Felonies move to Davidson County Criminal Court (nine divisions) after a preliminary hearing or a direct presentment to the Grand Jury. General Sessions has bench trials only and follows a faster, less formal procedure. Criminal Court has jury trials, formal discovery under Rule 16, and motions practice. The strategic decisions you make in General Sessions on a felony — whether to demand a prelim, whether to negotiate down to a misdemeanor — shape the entire rest of the case.

Can I get my charges dismissed?

Sometimes. Charges get dismissed when the State can’t prove an element, when key evidence is suppressed, when a critical witness recants or disappears, when diversion is granted and successfully completed, or when negotiation reduces the case to a non-conviction outcome. It is not automatic, and any lawyer who promises dismissal at the first meeting is selling something. The honest answer at intake is: “I need to see the discovery before I can tell you what’s possible.” That’s the answer you want to hear.

Should I take the first plea offer?

Almost never. The first offer from a prosecutor is the prosecutor’s opening number, not their final number. It’s calibrated to the file as it sits — without any defense investigation, without any motions filed, without any leverage applied. Real plea negotiation happens after discovery is reviewed, after weak points in the State’s case are identified, and often after a credible suppression motion is on file. Clients who take the first offer almost always plead to worse terms than they could have gotten with three months of defense work.

What happens at my preliminary hearing?

In a Davidson County felony case, the preliminary hearing in General Sessions is where the State must show probable cause through live witness testimony — usually the arresting officer. The defense gets to cross-examine. The hearing has three real purposes: to lock in the officer’s testimony under oath months before trial, to expose holes in the State’s theory, and occasionally to get the case dismissed or reduced. Many defense lawyers waive prelims as a matter of routine. That is usually a mistake. A good prelim is one of the most valuable tools in a felony defense.

Can I expunge a Tennessee criminal record?

Sometimes. Dismissed charges, no-true-bills, retired charges (after the waiting period), and acquittals are generally expungeable for a small filing fee under Tenn. Code Ann. § 40-32-101. Convictions are harder — a single eligible Class E felony or qualifying misdemeanor may be expungeable five years after sentence completion if you meet the statutory criteria. Multiple convictions, violent felonies, sex offenses, and most DUIs cannot be expunged. The free eligibility checker at tools.catelaw.com walks you through whether your specific record qualifies.

What’s the difference between probation, judicial diversion, and pretrial diversion?

Three different things. Probation is a sentence — you’ve been convicted, the judge sentenced you to confinement, and you’re serving that sentence in the community on conditions. Judicial diversion under § 40-35-313 is a deferral — you plead guilty, the judge holds the conviction in abeyance, and if you complete the diversion period the case is dismissed and expunged. Pretrial diversion under § 40-15-105 is even better — you don’t plead guilty at all, the case is held in abeyance, and on successful completion the charge is dismissed and expunged. Pretrial diversion is rare and the DA controls eligibility. Judicial diversion is more common and the judge controls eligibility. Both are one-time-only opportunities in your life.

How long does a criminal case take in Tennessee?

A Davidson County misdemeanor in General Sessions can resolve in 30–90 days. A felony case in Criminal Court typically takes 6–18 months to plea, longer to trial. Complex cases — homicides, large drug conspiracies, white-collar fraud — can run two or three years from arrest to verdict. Continuances are common. The defendant has a constitutional speedy-trial right, but invoking it aggressively can backfire if the defense isn’t ready. Pace is a strategic decision your lawyer makes with you, not a fixed schedule.

Can a Nashville criminal lawyer represent me in Williamson or Rutherford County?

Yes. A Tennessee-licensed criminal defense attorney can practice in any state court in Tennessee. I regularly handle cases in Williamson, Rutherford, Sumner, Wilson, Cheatham, Robertson, Maury, and Dickson counties. The only caveat is travel and familiarity — make sure the lawyer you hire actually knows the courthouse, the prosecutors, and the judges in the county where your case is. A criminal defense attorney in Nashville who has never set foot in the Williamson County Judicial Center is going to learn on your dime.

What if I’m innocent — should I still hire a lawyer?

Especially then. Innocent people convict themselves more often than guilty people get convicted, because they think the truth will speak for itself if they just explain it to the police. It won’t. The criminal-justice system is not a search for truth — it is an adversarial process. Your job, if you are innocent, is to make the State prove its case while you say nothing. The lawyer’s job is to expose the weaknesses in that case. Talking to police because “I have nothing to hide” is how innocent people get convicted in Tennessee. Don’t do it. Hire a lawyer the same day.

How do I know if my lawyer is any good?

Ask three questions. First: how many jury trials have you actually tried to verdict in the last five years? A real criminal defense lawyer can answer that with a number. Second: are you the lawyer who will appear at every court date, or will you hand the case off to an associate or a contract attorney? Third: can you walk me through what discovery you’ll demand and what motions you’ll consider in a case like mine? A lawyer who can’t answer these questions specifically is a lawyer you should not hire. A lawyer whose website has no actual results, no actual case names, and no actual procedural detail is a lawyer who doesn’t have any.

About N. Cate Law

N. Cate Law is a solo criminal defense practice in downtown Nashville. I am Nathan Cate, TN Bar # 032028, and I am the lawyer who shows up at every court date for every client I sign. I have tried 49 cases to a jury and obtained 10 acquittals. A Tennessee judge has formally declared me a court-qualified expert in criminal defense — a credential almost no defense lawyer in Middle Tennessee carries. I practice exclusively in Tennessee state courts. Read more at catelaw.com/about and see case results at catelaw.com/results.

Call N. Cate Law for a Free Consultation

If you have a pending charge, an active warrant, or a probation violation hearing coming up, call. The first consultation is free and confidential. I will read the affidavit, listen to the facts, and tell you straight what I think — including whether I’m the right lawyer for the case or whether you’d be better served somewhere else. You can reach the office at (615) 664-8083 or by email at ncatelaw@gmail.com. The office is at 222 2nd Avenue North, Suite 220, Nashville, TN 37201, two blocks from the A.A. Birch Building. More on the contact page and a full list of practice areas. Call today. The clock on body cam preservation is already running.

This page is general legal information about Tennessee criminal law. It is not legal advice for any specific case. If you have a pending charge, contact N. Cate Law at (615) 664-8083 for case-specific guidance.

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Cities I Serve in Middle Tennessee

For city-specific case framing — courthouse logistics, local PD enforcement patterns, and city-specific charge volumes — I maintain dedicated pages one level below each county overview: