What is a Second Degree (Class B) Felony in Tennessee?

In Tennessee, a Class B felony is equivalent to what most US states define as a second-degree felony. Tennessee assigns its felony offense categories by class rather than degree. Felonies are classified into six categories, ranging from Class A to Class E. Felonies in the Class B category include serious crimes that are less severe than those in Class A (considered the most serious) but more serious than those in Classes C through E. In other words, Class B felonies are serious crimes punishable by significant penalties. However, these punishments are not as severe as those for Class A offenses but are harsher than penalties for Class C to E felonies.

Specific types of crimes in the Class B category include carjacking, sex trafficking, money laundering, aggravated assault (depending on the severity of injury, weapon used, etc.), and drug distribution (not involving large quantities or more serious offenses).

Tennessee Code § 40-35-111 specifies the authorized terms of imprisonment and fines for felony offenses, including Class B felonies.

Which Crimes Are Considered Second Degree (Class B) Felonies in Tennessee?

In Tennessee, crimes that are often charged as second-degree (Class B) felonies include:

• Aggravated rape
• Robbery (involving the use of a weapon)
• Aggravated vehicle homicide
• Carjacking,
• Sex trafficking
• Money laundering

What is Second Degree Murder and How is it Classified in Tennessee?

The Tennessee Code Section defines second-degree murder as the “knowing killing of another” or a death resulting from the illegal sale of certain drugs, where drug use directly causes someone's death. This means second-degree murder may occur from an intentional act that results in death or drug-related homicide. Drug-induced homicide is usually associated with situations where an individual illegally distributes fentanyl, heroin, or other controlled substances, leading to a fatal overdose.

The main difference between second-degree murder and first-degree murder is the element of premeditation (or prior planning). Second-degree murder involves intentional killing but lacks premeditation. First-degree murder involves premeditated and deliberate killing. The absence of premeditation is why second-degree murder does not carry penalties as severe as those for first-degree murder (life without parole or death penalty).

In comparison, manslaughter usually involves heat of passion or provocation, which reduces culpability compared to second-degree murder. The mental state in manslaughter is less than "knowing" or "intentional".

In Tennessee, second-degree murder is a Class A felony, not Class B. This means second-degree murder carries the harshest penalties (prison term of 15 to 60 years and fines up to $50,000), short of first-degree murder. The severity of the punishment for second-degree murder reflects how seriously Tennessee views the crime.

Tennessee Second Degree Felonies Penalties and Punishments

Tennessee Class B felonies typically align with second-degree felonies in other states. Regardless of whether they are labeled by class or degree, these offenses are serious crimes that often result in harsh penalties. In Tennessee, the penalties for second-degree felonies (Class B) may vary depending on the case details and the defendant's prior criminal record.

The penalties for a second-degree felony, as outlined in § 40-35-111, include a minimum prison sentence of at least eight (8) years, a maximum of up to thirty (30) years, and fines reaching $25,000.

Tennessee Code Annotated § 40-35-112 outlines various sentence ranges for second-degree felonies (Class B), depending on the severity of the offense and the offender's prior record. The state's sentencing schedule specifies a prison term of 8 to 12 years for first-time offenders (Range I). Multiple offenders (Range II) and persistent offenders (Range III) face prison terms of 12 to 20 years and 20 to 30 years, respectively.

Are Second Degree Felony Records Public in Tennessee?

Under the Tennessee Public Records Act (TPRA), most adult felony records, including second-degree ones, are public records. Consequently, Tennessee citizens may view and obtain copies of public felony case information, such as case files, court records, docket sheets, trial dates, and other relevant documents.

Records that may be restricted from public access include juvenile case information, expunged records, and sensitive information like Social Security numbers, victim addresses and identities, or medical information.

Tennessee adult felony records are generally visible to the public unless specifically expunged or sealed by court order. Conversely, states like California, Michigan, and Colorado automatically seal certain convictions after a specified number of years.

How to Access Second Degree Felony Court Records in Tennessee

Identifying the county and court where a case was prosecuted is the first step in accessing felony records in Tennessee. Tennessee criminal legal proceedings usually start at the Circuit or Criminal Court (trial court level) in the county where the crime occurred. Felony conviction appeals fall under the jurisdiction of the Court of Criminal Appeals or the Tennessee Supreme Court. Subsequently, requesters may avail themselves of the following resources:

Statewide Appellate Records Online

Requesters may access appellate filings, opinions, and orders for appealed cases by visiting the Tennessee Administrative Office of the Courts' Public Case History portal. Users may view records such as motions, orders, and judgments filed after August 26, 2013, using a case number, party name, case name, case style, or organization name.

County-Level Online Case Portals

Most Tennessee counties use electronic docket systems for trial courts. Interested parties may conduct a free search on these portals (e.g., Odyssey eCourts) using a case number, defendant's name, or filing date.

In-Person Visit to the County Courthouse

Requesters may need to visit the Criminal Division of the Circuit or Criminal Court Clerk’s Office (in the relevant county) to access physical copies of documents of interest. While there, they are typically expected to fill out request forms and pay applicable copying or certification fees to obtain the desired records.

Third-Party Public-Record Search Services

Individuals seeking Tennessee felony records may also obtain them via third-party websites. These online platforms collate data from multiple sources and offer 24/7 access to publicly available criminal conviction records. Downloading or making copies of these documents from these sites often requires a subscription fee. However, such sites operate independently of government agencies. As such, sought records may be inaccurate, unavailable, or incomplete.

Court records are generally public under the Tennessee Public Records Act (TPRA) and the Tennessee Supreme Court Rule 34. However, these laws specify categories of records that are confidential. These include juvenile files, expunged cases, and sensitive information about victims. Due to the sensitive nature of these documents, requesters are expected to comply with Tennessee's public records and privacy laws.

Can Second Degree Felony Charges be Reduced or Dismissed?

Depending on the details of the case and the evidence available, an experienced attorney may be able to have second-degree felony charges reduced or dismissed using the following strategies:

• Plea Bargaining: Negotiating a plea bargain with the prosecution may be effective. This might mean pleading guilty to a lesser charge in exchange for a reduced sentence.
• Challenging Evidence: Another strategy to lessen criminal charges is to challenge the evidence provided by the prosecution. Suppose an attorney can show that the evidence against a defendant is insufficient. In that case, the prosecution may propose a reduced charge rather than risk losing the case at trial.
• Pre-trial diversion programs: These programs may be available for qualifying offenders, depending on their offense and criminal history. In such cases, the perpetrator can avoid prosecution by completing probation, community service, or other obligations.
• Mitigating Circumstances: Lack of prior offenses, cooperation with law enforcement, or evidence that the alleged crime was unintentional are elements (mitigating circumstances) that a defendant's attorney may use to negotiate a reduced charge.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Tennessee?

Per the Tennessee Expungement Law (T.C.A. § 40-32-101), most second-degree (Class B) felonies, including serious crimes like second-degree murder, cannot be expunged or sealed after a conviction. Tennessee law permits the removal of certain nonviolent and low-level felonies from public view only after specific conditions have been met. Eligible offenses are typically Class E and some Class D felonies, provided the individual has completed their sentence, paid all fines, and fulfilled the required waiting period.

Class B felonies are regarded as violent crimes and therefore carry severe prison sentences (8 to 30 years), making them ineligible for expungement. This also applies to second-degree murder, which is treated as a Class A felony and is never eligible for expungement. Please note that second-degree felony cases, where charges were dismissed, dropped, or the defendant was acquitted, are eligible for expungement. Given the complex nature of the expungement process, individuals seeking to expunge eligible records are advised to consult a qualified attorney.

How Long Do Second-Degree Felony Records Stay Public in Tennessee?

In Tennessee, records of second-degree felony offenses (classified as Class B felonies) are public and remain indefinitely. However, second-degree (Class B) felonies that do not result in a conviction may be eligible for expungement. The Tennessee Public Records Act (§ 10-7-503) ensures that Tennessee citizens have the right to inspect most court and criminal records in the state.

In essence, the records of someone convicted of a felony in Tennessee do not expire or disappear over time. These records typically remain accessible through court files, clerk’s offices, and background checks unless the record owner qualifies for and successfully petitions for expungement. Eligibility for expungement is limited to nonviolent crimes and does not cover serious felonies like violent crimes, sexual offenses, or homicides.