Being charged with a crime is one of the most intimidating situation a person can go through, your freedom, your record, and your future can all be on the line. Criminal defense law is what protects your rights throughout that process, from the moment you’re arrested y through trial, sentencing, and possibly even appeal. This guide covers how Tennessee’s criminal justice system works, what kinds of offenses and defenses exist, and what to look for if you’re trying to find the right attorney.
Facing criminal charges in Tennessee? Call us at (931)245-5060 to talk with a defense attorney right away.
Criminal defense law is the area of law focused on protecting the rights of people accused of crimes. It covers everything from constitutional protections, like the right to remain silent, the right to an attorney, and protection against unreasonable searches, to the actual strategy and courtroom work involved in fighting or negotiating a criminal charge. Unlike a civil case, where someone is suing for money, a criminal case is brought by the state, and a conviction can mean jail or prison time, fines, probation, and a permanent criminal record.
Tennessee classifies crimes into a few broad categories, and understanding where a charge falls matters for how serious the potential consequences are.
Misdemeanors
Graded as Class A, B, or C, with Class A being the most serious. These generally carry up to a year in jail and fines. Most first-time, lower-level offenses, like simple possession or a first DUI, fall into this category.
Felonies
Graded from Class A (most serious) down to Class E (least serious), each carrying its own statutory sentencing range that can run from a year or two up to life in prison.
Where a charge lands on this scale isn’t just academic, it affects everything from bail conditions to what kind of defense strategy makes sense to the long-term consequences of a conviction.
Including assault, robbery, and homicide offenses. These tend to carry enhanced penalties and closer scrutiny from prosecutors.
Including theft, burglary, and vandalism. Generally graded by the value of property involved or the nature of the intrusion.
Covering simple possession, sale, manufacturing, and trafficking. Penalties scale up significantly based on the type of drug and quantity involved.
Carry their own specific penalty structure, including mandatory minimum jail time and license consequences that increase with each repeat offense.
Like fraud, embezzlement, and forgery. These often hinge on complex financial records and require a defense that can engage with detailed documentary evidence.
Carry some of the most severe penalties in Tennessee’s criminal code, along with long-term consequences like mandatory sex offender registration.
Come with their own specific procedures, including mandatory arrest policies in certain situations and orders of protection.
Here’s roughly how a criminal case moves through Tennessee’s court system.
Law enforcement arrests the individual, and the booking process formally documents the charge.
The accused appears before a judge, typically in General Sessions Court, who addresses bail or bond conditions.
For felony charges, General Sessions Court holds a preliminary hearing to determine whether there’s enough evidence (probable cause) for the case to move forward.
For felonies, a grand jury reviews the evidence and decides whether to formally indict the accused.
The accused is formally notified of the charges in the trial court and enters an initial plea.
Both sides exchange evidence, and the defense may file motions, for example, to suppress evidence obtained through an illegal search.
Many cases resolve through a negotiated plea agreement rather than going to trial.
If the case doesn’t resolve through a plea, it proceeds to trial, where a judge or jury determines guilt.
If convicted, the court determines the sentence based on Tennessee’s sentencing guidelines and the specifics of the case.
A conviction can potentially be appealed to the Tennessee Court of Criminal Appeals, and from there, in limited circumstances, to the Tennessee Supreme Court. Our guide to appellate law in Tennessee covers this process in more detail.
“Criminal responsibility” has a specific legal meaning in Tennessee beyond its everyday use. Tennessee law formally addresses “criminal responsibility for the conduct of another,” which is the legal concept that lets someone be held criminally liable for a crime they didn’t personally commit, if they solicited, directed, aided, or assisted someone else in committing it. In plain terms, you don’t have to be the one who pulled the trigger, drove the getaway car, or actually took the property to be criminally responsible for the crime. If you knowingly helped, the law can treat you as though you committed the crime yourself.
More broadly, criminal responsibility also involves the basic building blocks of any criminal charge. Generally, the state has to prove both a criminal act and a certain mental state, like intent, knowledge, recklessness, or criminal negligence, depending on the specific crime charged.
Criminal defense generally falls into a few broad categories, in addition to more specific procedural defenses.
These challenge whether you actually committed the act at all, arguing mistaken identity, an alibi, or that the evidence simply doesn’t prove the charge beyond a reasonable doubt.
These acknowledge that you did the act, but argue it was legally justified under the circumstances: self-defense, defense of others, defense of property, and necessity.
These also acknowledge the act happened, but argue you shouldn’t be held criminally responsible for it, due to circumstances like insanity, diminished capacity, or involuntary intoxication.
Suppression of illegally obtained evidence, when police violated your constitutional rights during a search, seizure, or interrogation.
Miranda violations, when statements were taken without properly advising you of your rights.
Entrapment, when law enforcement induced someone to commit a crime they wouldn’t have otherwise committed.
Statute of limitations, arguing the state waited too long to bring charges.
Double jeopardy, arguing you’re being improperly prosecuted twice for the same offense.
Tennessee doesn’t have a law formally branded “three strikes” the way some states do, but it does have habitual and repeat offender sentencing enhancement laws that function similarly. Tennessee’s repeat violent offender provisions can result in significantly enhanced sentences, for people with certain prior convictions for serious violent felonies who are convicted of another qualifying offense. Because these enhancement statutes are detailed and depend heavily on the specific prior convictions and current charge involved, anyone facing a charge with a significant criminal history should talk to an attorney about how these enhancements might apply.
Each carry a specific sentencing range set by statute, with Class A felonies carrying the longest potential sentences and Class E the shortest.
Carry shorter jail sentences and fines, with Class A misdemeanors being the most serious.
Tennessee generally sentences defendants as Range I (standard), Range II (multiple offender), or Range III (persistent or career offender) based on their prior felony record.
Can push a sentence up or down within the applicable range, like the use of a weapon, the vulnerability of a victim, or a defendant’s lack of criminal history.
Available in many cases, including probation, judicial diversion (which can eventually lead to a charge being dismissed and, in some cases, expunged), and community corrections programs.
Often extend well beyond the sentence itself, a criminal conviction can affect employment, professional licensing, housing, firearm rights, and immigration status.
A criminal defense attorney’s job goes well beyond just showing up in court. Generally, this includes:
Advising you of your rights at every stage, starting as early as possible after an arrest.
Investigating the evidence, including police reports, witness statements, forensic evidence, and body camera or surveillance footage.
Challenging improperly obtained evidence, through motions to suppress when police violated constitutional protections.
Negotiating with prosecutors, working toward reduced charges, alternative sentencing, or dismissal when appropriate.
Representing you at trial, if the case doesn’t resolve beforehand, including cross-examining witnesses and presenting a thorough defense.
Advocating at sentencing, presenting mitigating factors and arguing for the most favorable outcome possible.
Handling appeals, if a conviction needs to be challenged on legal grounds after trial.
Not every attorney is the right fit for every criminal case. When you’re looking for representation, it’s worth considering:
A DUI, a drug charge, and a white collar fraud case all require different expertise.
An attorney who regularly appears in the county where you’re charged often has valuable insight into how local judges and prosecutors typically handle cases.
You want an attorney who’s prepared to fight at trial when that’s the right move, not one who pushes every case toward a quick plea.
You should understand what’s happening with your case and what your options are at every step.
You should know upfront what representation is going to cost and what it includes.
At Dahl Family Law, we bring all of this to the table, and we’ll give you a straight, honest assessment of your case from the very first conversation.
Facing a criminal charge is overwhelming, and having the right attorney in your corner from the start can genuinely change the outcome. At Dahl Family Law, we bring:
A thorough, careful review of the evidence and how it was obtained.
Real trial experience, not just a willingness to negotiate a plea.
Honest, clear communication about your options and realistic outcomes at every stage.
A commitment to protecting your rights from the moment you call us.
Stay calm, and exercise your right to remain silent beyond providing basic identifying information. Politely but clearly state that you want an attorney, and avoid discussing your case with police, or anyone else, until you've spoken with one.
No. You have a constitutional right to remain silent, and exercising that right can't legally be held against you. Anything you say can be used against you later, it's almost always in your best interest to wait until you have an attorney before answering any questions.
A public defender is a court-appointed attorney provided at no cost (or reduced cost) to defendants who can't afford private representation. A private attorney is one you hire directly, which often allows for more time dedicated to your specific case, given the significant caseloads many public defenders manage.
If you’re facing criminal charges in Tennessee, time matters, the earlier you get an attorney involved, the more options you typically have.
Dahl Family Law provides representation in a wide range of family law matters, including:
This guide is intended for general informational purposes only and does not constitute legal advice. Criminal cases are fact-specific, and outcomes depend on the details of your situation. Please consult with a licensed Tennessee criminal defense attorney regarding your specific circumstances.
