Tennessee Felony: Laws, Penalties, Sentencing, and Records

A felony is a serious crime in Tennessee, punishable by more than a year in state prison. According to Tennessee law, felonies are the most severe crimes that usually carry heavy penalties like civil rights restrictions, permanent criminal records, and long-term imprisonment. Furthermore, Tennessee has five classes of felonies (Class A through Class E), with Class A being the most severe.

What Is Considered a Felony in Tennessee?

The Tennessee definition of a felony and felony classifications appear in the Tennessee Code Annotated § 40-35-110. The common types of felonies in the state include:

• Violent Crimes: Murder, manslaughter, rape, aggravated assault, robbery, and kidnapping.
• Drug Crimes: Manufacturing, trafficking, and distribution of controlled substances.
• Property Crimes: Arson, burglary, theft of property worth $1,000 or more, and motor vehicle theft.
• White-Collar Crimes: Fraud, forgery, identity theft, and embezzlement.
• Weapons Offenses: Unlawful firearm sales, felon in possession of a firearm, and armed criminal conduct.

The classification of an offense may vary based on its severity. For example, an assault may rise to the level of a felony if it results in an injury or involves the use of a weapon. Likewise, theft is considered a misdemeanor if the value of the property taken does not exceed $1,000.

What Is a Felony in Tennessee?

According to Tennessee law, a felony is anyoffense punishable by more than one year in the Tennessee Department of Correction. On the contrary, a misdemeanor is an offense with a penalty of up to 11 months and 29 days in county jail. The consequences of a felony conviction in Tennessee are:

• Permanent criminal record, which can impact licensing and job opportunities.
• Prison sentences ranging from 1 year to life or death.
• Fines up to $50,000 depending on the class of felony.
• Loss of rights, including voting while incarcerated and firearm ownership.

Felony Classes and Penalties in Tennessee

Tennessee categorizes felonies into five classes: Class A through Class E.

Tennessee Felony Classes

• Class A Felony
  • Includes first-degree murder, large-scale drug trafficking, and aggravated rape.
  • Penalty: 15 to 60 years of incarceration.
  • Fine: Up to $50,000.
• Class B Felony
  • Includes voluntary manslaughter, aggravated robbery, and certain sexual assaults.
  • Penalty: 8 to 30 years in prison.
  • Fine: Up to $25,000.
• Class C Felony
  • Includes burglary, mid-level drug crimes, and certain fraud cases.
  • Penalty: 3 to 15 years in prison.
  • Fine: Up to $10,000.
• Class D Felony
  • Includes theft of property worth between $2,500 and $10,000, forgery, and some assaults.
  • Penalty: 2 to 12 years in prison.
  • Fine: Up to $5,000.
• Class E Felony
  • The least severe felony class, which includes low-level thefts, drug possession with intent, and some firearm violations.
  • Penalty: 1 to 6 years in confinement.
  • Fine: Up to $3,000.

Felony Sentencing Guidelines in Tennessee

In Tennessee, the sentence imposed for an offense may be influenced by judicial discretion, enhanced penalties for repeat offenders, and the statutory sentencing guidelines established by the law:

• Felony Class: Determines the sentencing range of an offense.
• Offender Classification: Tennessee uses offender ranges (Range I for first-time offenders, Range II for multiple prior convictions, and Range III for career offenders).
• Mandatory Minimums: Crimes like violent felonies and firearm offenses carry minimum prison terms.
• Aggravating Factors: Circumstances like the use of deadly weapons or participation in gang activity may result in a longer sentence.
• Mitigating Factors: Elements like being a first-time offender and demonstrating cooperation with law enforcement may support a reduced sentence.
• Habitual Offender Laws (T.C.A. § 40-35-106): Repeat offenders can be subject to enhanced penalties, which can result in sentencing ranges being doubled.
• Probation and Alternative Sentencing: Offenders convicted of nonviolent felonies (Class C to E) may qualify for probation or community corrections.
• Parole: The Tennessee Board of Parole determines if an offender is eligible for parole.

The sentencing range for a Class B felony, such as aggravated assault, is 8 to 30 years. Nevertheless, a Range II multiple offender may be subject to a sentence closer to the maximum term.

Felony Laws and Procedures in Major Tennessee Cities

Nashville (Davidson County)

Violent crimes, property crimes, and narcotic trafficking are types of felony cases heard in the Davidson County Criminal Court in Nashville. By providing a case number, complaint number, or party name, individuals can find felony records through the Criminal Court Clerk’s website.

Memphis (Shelby County)

The Shelby County Criminal Court is responsible for prosecuting felonies in Memphis. Through the Shelby County Criminal Court Clerk, interested parties can view and request copies of felony case files.

Knoxville (Knox County)

Felony cases in Knoxville are tried in the Knox County Criminal Court. Felony case records can be obtained from the Knox County Criminal Court Clerk’s Office in person during regular office hours.

How to Search for Felony Records in Tennessee

Tennessee felony records can be accessed through various sources, including Criminal Court Clerks’ portals, local police departments, Sheriff’s Offices, and the Tennessee Bureau of Investigation.

1. County Criminal Court Clerk’s Offices

The best method to locate the official documents in a felony case is by visiting the office of the Criminal Court Clerk in the county where the case was heard. In some counties, the Clerk provides access to publicly available felony records through a designated online portal.

2. Tennessee Bureau of Investigation (TBI)

The Tennessee Bureau of Investigation (TBI) maintains official statewide felony records. Individuals and qualified organizations can purchase fingerprint-based background checks for personal and employment purposes.

3. Local Police Departments and Sheriff’s Offices

Arrest and booking records are maintained by the Sheriff’s Offices and municipal police departments. Individuals can request these records under the Tennessee Public Records Act. It is important to note that records related to active investigations are restricted from public disclosure.

4. Third-Party Background Checks

While the TBI and courts maintain the official felony records, individuals can save on the cost of visiting the courthouse by using third-party websites to find records.

Open vs. Sealed Records

• Open Records: The Tennessee Public Records Act makes most felony convictions accessible to the public.
• Expungement: After a waiting period of five years, Tennessee allows certain Class D and E offenses to be expunged. The types of crime ineligible for expungement include violent crimes, sex offenses, and repeat felonies.

Why Understanding Felonies in Tennessee Matters

An individual with a felony conviction record may expect lifelong consequences that extend well beyond fines and incarceration. These records affect civil rights, limit job opportunities, and impact housing eligibility. It is crucial for employers, individuals, and organizations to understand Tennessee felony laws, the penalties, and how to obtain records.

There are five classes of felonies as defined by Tennessee law. The penalties for these crimes may range from 1 year for Class E felonies to 60 years or life imprisonment for Class A felonies. In addition, the type of sentence issued for an offense is determined by several key factors like offender classification, habitual offender law, and mitigating factors.

Felony records can be accessed through the Tennessee State Courts system, county Criminal Court Clerks, or the Tennessee Bureau of Investigation, ensuring transparency while offering limited expungement opportunities for eligible cases.