Tennessee Criminal Lawyer Blog

Misdemeanors are offenses that are punishable by less than a year of incarceration. Misdemeanors comprise the least serious of the criminal offenses and consequently are committed more frequently than felonies, which comprise more serious criminal conduct which a smaller number of people seem willing to engage in. Misdemeanors in Tennessee range from Class C misdemeanors, such as using a radar jamming device in your car, which carry a maximum penalty of thirty days in jail to Class A misdemeanors, such as reckless endangerment, which carry a maximum penalty of eleven months and twenty-nine days in jail.

Misdemeanors differ from felonies in other ways besides merely the severity of the punishment. One significant way is the way in which arrests can be made for misdemeanors as opposed to felonies. For both types of offense, a police officer may arrest a suspect if authorized by statute or if the officer has a properly-obtained arrest warrant. Where the two differ, however, is that where the officer does not have a warrant or statutory authorization she can only arrest a suspect for a misdemeanor where the violation occurred in her presence or the offense involved domestic violence.

This requirement gives an advantage to defendants who may want to contest their misdemeanor conviction in court. If the defendant can prove that the officer did not actually see the defendant commit the misdemeanor or, for some types of misdemeanors, if the officer does not show up to court on the date the case is heard, the defendant may be able to avoid conviction for the offense altogether. Unfortunately misdemeanors do carry the risk of jail time, so Tennesseans would be wise not to try to contest these issues on their own. Use of a skilled criminal defense attorney can enable the defendant to present the strongest possible defense against a misdemeanor charge and work for the most lenient punishment possible.