What Is a Third-Degree Felony in Tennessee?

Third-degree felonies in Tennessee generally refer to the least severe category of felony offenses. Such offenses typically lack elements of violence or malice, typically associated with more severe felonies. These crimes also have a lesser impact on lives, since they rarely lead to severe bodily injuries or death.

Tennessee does not use the degree classification for grading felonies. Instead, the Tenn. Code Ann. § 40-35-110 utilizes a class system to categorize felonies based on their severity and corresponding penalties. Felony Class A to C may contain more severe crimes like murder, aggravated sexual assault, and robbery. However, you typically often find third-degree or least severe felonies under felony Class D to E. These crimes carry the lightest penalties amidst felony classes.

Common Offenses That Fall Under Third-Degree Felony Charges

In Tennessee, types of crimes classified as third-degree felonies include the following:

• Burglary: A person commits the crime of burglary if they enter a building without the property owner's consent and attempt to or commit a felony. Tenn. Code Ann. § 39-13-1002.
• Theft: Per Tenn. Code Ann. § 39-14-105, a person commits felonious theft if the value of the stolen property is between $1,000 and $10,000.
• Reckless homicide: This is the reckless killing of another. Tenn. Code Ann. § 39-13-215.
• Extortion: A person commits extortion if such person coerces another with the intent to obtain services, property, immunity, or advantage. It is also extortion if the offender coerces another to restrict their freedom to take action.

Penalties and Sentencing for Third-Degree Felonies in Tennessee

In Tennessee, persons convicted of third-degree felonies may spend between 1 and 4 years in prison. The state may also impose fines up to $5,000 for such offenses. Penalties for third-degree felonies may vary based on the felony class and the number of prior convictions. Based on prior convictions, offenders may receive up to 12 years for a second or more prior conviction for third-degree felonies.

The court might also increase penalties for a third-degree felony if the act includes an element of violence or results in severe bodily injuries.

Note: In Tennessee, third-degree felony offenders may be eligible for probation instead of a prison sentence. The probation may run for the duration of the required sentence for the crime.

Will You Go to Jail for a Third-Degree Felony in Tennessee?

Yes, convicted offenders may receive up to 12 years of jail time for a third-degree felony in Tennessee. The sentence duration may differ on a case-by-case basis. The court may impose a sentence after considering these factors:

• Prior convictions.
• Impact of the crime on lives and properties.
• Circumstances around the criminal incident.

Offenders may qualify for probation instead of serving time in jail. A trial court judge has the sole authority to determine who qualifies for probation. Probation generally involves fulfilling certain conditions so as to have a case dismissed.

How Long Does a Third-Degree Felony Stay on Your Record?

Tennessee third-degree felony records are permanently visible in public domains. Although third-degree crimes are relatively less severe, they might lead to severe consequences in a record subject’s life. Case in point: housing authorities or landlords may refuse to sell or rent out properties to persons convicted of third-degree felonies. Other consequences of third-degree felonies include:

• Lower chance of getting employment or certification in specific industries, such as finance, healthcare, and education.
• Lesser chances of getting a visa to travel to specific countries or regions.
• Temporary or permanent loss of civil rights, such as the right to vote or to bear arms.

Nevertheless, record subjects may find relief from these consequences by sealing or expunging criminal records.

Can a Third-Degree Felony Be Sealed or Expunged in Tennessee?

Under Tenn. Code Ann. § 40-32-107, persons may file to expunge most third-degree felonies in Tennessee. An offender is generally eligible to expunge the records under these conditions:

• The charges were dismissed for a reason, except for the completion of a pretrial diversion program.
• No true bill was returned by a grand jury.
• The arrest was made, but the person was not charged in court.
• The court judge passed a not guilty verdict.

Note: Eligible parties may apply for expungement at the court that has jurisdiction over such cases.

How Third-Degree Felonies Compare to First-and Second-Degree Felonies

Third-degree felonies typically refer to the least severe felony crimes. Crimes under this category may lack the malice or intent that is commonly associated with more severe crimes. Although third-degree felonies may lead to death, they are often as a result of extreme recklessness.

Third-degree felonies also carry the lightest penalties, as offenders may spend between 1 and 12 years in jail. However, first- and second-degree felonies are more severe and incur the harshest penalties. For example, persons convicted of first-degree crimes, like murder and rape, may attract the maximum life imprisonment or the death penalty.

How to Look Up Third-Degree Felony Records in Tennessee

Interested persons or entities may look up and obtain most third-degree felony records in Tennessee. However, the state may refuse requests for records that are classified as confidential under state or federal laws. Juvenile criminal records and crime victims’ information are generally exempt from public disclosure. Only eligible parties may obtain them.

You may look up Tennessee third-degree felony records via the state’s case search platform. The platform provides access to court information generated in the appellate courts.

On the other hand, you may obtain copies of court records from the circuit clerk’s office. The court clerk maintains records of cases filed in the circuit courthouse. Note that the clerk may offer online or offline access to records in their custody.

Probation and Parole for Third-Degree Felony Offenders

In Tennessee, third-degree felony offenders may qualify for probation or parole. A convicted offender may qualify for parole after completing the statutory percentage of their sentence.

Parole eligibility may vary based on the offender’s prior convictions. A first-time offender generally qualifies for parole after completing 20 to 30 percent of their sentence. However, second-time offenders become eligible for parole after completing 35 to 45 percent of their sentence.

In contrast, most third-degree felonies qualify for probation. Probation is an alternative to serving time in jail. The TN Code 40-35-303 imposes parole if the crime warrants less than 10 years imprisonment.