Understanding Class A Misdemeanors in Tennessee

In Tennessee, a misdemeanor is a crime considered less serious than a felony but more serious than an infraction. A class A misdemeanor is defined as a crime that carries a maximum sentence of less than one year in any Tennessee county jail, as per T.C.A. § 40-35-111.

Misdemeanors in Tennessee are classified into three categories: Class A, Class B, and Class C. Each class has distinct consequences and penalties. Class A is the most serious, Class B misdemeanors are considered less serious than Class A but more serious than Class C, and Class C is the least serious. Penalties for each misdemeanor are specific and may vary depending on the situation and prior offenses; however, the standard punishment for a Class A misdemeanor is a maximum jail term of 11 months and 29 days, along with a fine of $ 2,500.

Class "A" misdemeanors make up the bulk of all types of misdemeanor offenses in Tennessee. For instance, domestic assault and simple assault are both Class "A" misdemeanors in Tennessee, as is the simple possession of any substance.

Examples of Class A Misdemeanors in Tennessee

Under the Tennessee Code, Class A Misdemeanors include all types of crimes that are not low-level enough to be classified as infractions. Yet, these crimes do not meet the severity criteria to be grouped as felonies. A significant number of Class A crimes involve intentional acts that cause harm or unintentional criminal acts that have the potential to cause substantial damage to oneself, the environment, or other citizens. Additionally, case files from Class A misdemeanors tried in various Tennessee courts are typically preserved as public records within Tennessee's criminal court records.

Some examples of class A misdemeanors include assault, DUI, simple possession of marijuana, stalking, possession of drug paraphernalia, theft, and instigating a riot.

Penalties for a Class A Misdemeanor in Tennessee

Tennessee Code § 40-35-111 states that a Class A misdemeanor carries a default penalty of up to 11 months and 29 days in prison and/or a fine of up to $2,500.Exact Penalties, however, are decided on a case-by-case basis for each class A misdemeanor. Judges apply the normal penalty as a reference boundary for imposing punishments on class A misdemeanors based on the facts of the case and precedent from similar situations. Penalties may also include additional forms of restitution related to the offense. For instance, as part of their community service, people convicted of DUI may be required by the court to give lectures to young adults about the risks of DUI.

Probation and Alternative Sentencing Options in Tennessee

Probation and alternative sentencing options are essential tools for punishing Class A Misdemeanors in Tennessee. These options are either served alongside jail time or serve as a means to rehabilitate low-level class A misdemeanor offenders. Probation is an alternative sentencing option that allows a person convicted of a class A misdemeanor to serve their mandated jail time outside of prison, while being monitored by law enforcement. Two other standard alternative sentencing options explicitly administered for Class A misdemeanors in Tennessee include:

• Community service: Community service options require individuals to perform unpaid acts of service for a charitable or civic institution, such as a soup kitchen, public library, or environmental initiative.
• Diversion programs: Diversion is a judicial procedure that enables some qualified individuals to avoid a formal conviction on their criminal record by fulfilling specific requirements imposed by the court and completing a probationary period.

Can a Class A Misdemeanor Be Expunged or Sealed in Tennessee?

Yes, most Class A misdemeanors in Tennessee can be expunged under the state's criminal record expungement statute, T.C.A. § 40-32-101(a). However, specific categories of Class A misdemeanors are ineligible for Expungement. Expungement is only available for first-time offenders of non-violent class A misdemeanors in Tennessee. Some examples of these non-violent crimes that can be expunged include petty theft and trespassing. Offenses such as domestic violence and assault cannot be expunged. Additionally, sexually motivated offences are ineligible for expungement in Tennessee.

Non-violent Class A offenders who wish to expunge their Misdemeanors must also observe a five-year waiting period after serving their sentence and paying all court-ordered fines associated with their conviction.

Long-Term Consequences of a Class A Misdemeanor Conviction

Individuals who have been convicted of a Class A misdemeanor may face long-term challenges that affect various aspects of their lives. These repercussions result from the criminal record they currently possess as a result of their offense. A person convicted of a class A misdemeanor will typically face difficulties in finding employment, as employers will often check their criminal background and discover the conviction. Potential employers will be hesitant to hire someone with a misdemeanor record, particularly if the sentence is related to theft or assault. Similarly, finding a place to live can be challenging, as landlords often conduct thorough background checks before deciding who to rent to.

Fortunately, Tennessee has implemented certain safeguards for individuals with criminal histories. Employers' ability to inquire about an individual's criminal history during the recruitment process is restricted by recent legislation. Even with these safeguards, minor convictions can still cause problems in various aspects of life.

What to Do if You’re Charged with a Class A Misdemeanor in Tennessee

It is crucial for someone who has been charged with or arrested for a misdemeanor to consult with an experienced Tennessee lawyer first. The likelihood of building a strong defense increases with the promptness of seeking legal counsel. The accused person should only discuss their allegations with their lawyer because any comments they make could be used against them in court. A lawyer can also help the accused person understand the extent of the charges and possible penalties from a legal standpoint.

People must compile evidence for their legal case and show up on time for the scheduled court date. The accused may be able to receive a lesser punishment in the case by adhering to the court's regulations and utilizing an effective defense.

Statute of Limitations for Class A Misdemeanors in Tennessee

All class A misdemeanors in Tennessee have a one-year statute of limitations. However, Tennessee law recognizes several vital exceptions that can alter or extend the actual start of the statute of limitations. The Tennessee discovery rule may cause instances like assault to be postponed, as the consequences of an assault may last longer than a year.

The legal notion of "cause of action accrues" may also impact when the statute of limitations clock begins to run. The idea enables law enforcement and legal teams to get evidence before initiating a misdemeanor prosecution, even after the typical statute of limitations has passed. The statute of limitations for a Class A misdemeanor can also be paused (tolled) in accordance with Tennessee law if the offender deliberately flees and cannot be found within the specified period.