What Is the Most Typical Punishment for a First-Time Misdemeanor?

Being charged with any crime can be upsetting and cause a lot of anxiety. You have so many questions and worries about what might happen next. The crime you committed may have been a lapse in judgment or resulted from a bad decision. Navigating the system in Tennessee can be daunting if you’ve never been in trouble. When it’s a misdemeanor, you may be asking, “What is the most typical punishment for a first-time misdemeanor?”

In 2023, 129,600 people nationwide were in jail for misdemeanors. A recent report ranked Tennessee as third in the country for violent crime, with a rate of 592.3 per 100,000 people. Guns are involved in a lot of these crimes, which are more severe and considered felonies. Misdemeanors are generally considered lesser crimes with more lenient sentences. They usually involve probation, fines, and some jail time.

Types of Misdemeanors in Tennessee

Understanding your charges is critical when you are a first-time offender. You haven’t had experience with the justice system or been arrested in the past. You don’t know the laws or punishments. This process can be very intimidating until you learn what to expect.

In Tennessee, misdemeanors are categorized by class, and each carries a different penalty.

Class A misdemeanors are the most severe. If convicted, you may spend up to 11 months and 29 days in jail and pay up to $2,500 in fines.

Examples of Class A misdemeanors include:

• Domestic assault
• Possession of drug paraphernalia or marijuana
• Violating a restraining order
• First-time DUI
• Simple assault

Class B misdemeanors carry up to six months in jail and up to a $500 fine.

Examples of Class B misdemeanors include:

• Indecent exposure
• Reckless driving
• Prostitution

Class C misdemeanors are considered petty crimes and have the least severe punishment, at up to 30 days in jail and $50 or less in fines.

Examples of Class C misdemeanors include:

• Public intoxication, which we often see in Nashville
• Motor vehicle violations, like speeding
• Disorderly conduct

What to Do If You’ve Been Charged With a Misdemeanor in Tennessee

Everyone makes mistakes. If you find yourself in handcuffs or dealing with law enforcement, there are a few things you need to remember:

• Remain calm. Don’t give the police extra information or speak badly to them. Don’t resist arrest. This may add to your charges and eventually your sentence.
• Contact a defense attorney who is knowledgeable about the criminal laws that affect your case and first-time misdemeanor offenses.
• Collect information about the incident to help your attorney build your case, which may result in the dismissal of charges.
• Follow the recommendations of your attorney to get the most agreeable outcome.

Dismissing First-Time Misdemeanors in Tennessee

If this is your first offense, there’s the possibility of getting your case dismissed. You could enter a diversion program for substance abuse or anger management. Misdemeanor penalties depend on many factors, but a knowledgeable misdemeanor attorney can negotiate for probation and the possible dismissal of your case. The exception to this is a DUI charge, which will end in a conviction and be on your permanent record.

Expunging Your Record in Tennessee

In 2017, a law went into effect that allowed certain convictions to be expunged from your record. This includes two misdemeanors or one felony and one misdemeanor. You can do this by filing a petition at the Justice A.A. Birch Building in Nashville. You must fill out certain forms and other paperwork, detailing your criminal history. To complete this process correctly, you need an experienced attorney who’s familiar with misdemeanor laws.

Hire a Misdemeanor Lawyer in Tennessee

McNally Law is your Nashville criminal defense attorney when experience matters. To address your specific legal needs, we can take your rights into consideration when developing a plan for a positive outcome. We can use the appropriate defense strategy in your case while being an advocate, answering your questions, and offering support. If you’ve been charged, it’s necessary to hire a misdemeanor lawyer to fight for you, your freedom, and your future.

FAQs

Q: What Is the Most Common Punishment for a Misdemeanor in Tennessee?

A: The punishment for a misdemeanor depends on the class of the charge and any aggravating or mitigating factors. If it’s a more severe offense, the penalty includes longer jail time and higher fines. The most common component of the punishment is probation, and there are conditions you must adhere to after your sentence is finished.

Q: Is My Life Ruined If I Get a Misdemeanor in Nashville?

A: Getting charged with a misdemeanor is a serious offense, but it doesn’t have to ruin your life. Certain avenues in the legal process allow you to pay your fines or do probation. Your case can also get dismissed or expunged. With the right support and legal advice, you can put the misdemeanor charge behind you.

Q: What Percentage of Misdemeanor Cases Get Dismissed?

A: In the U.S., about 6.5% of people can get their records expunged within five years. To do this, you must understand the law and file the correct paperwork. That’s why you need a Nashville criminal lawyer working on your behalf. They can compile your evidence, use their knowledge to form your argument, and make sure the paperwork is filled out correctly.

Q: Is It Worth Fighting a Misdemeanor in Tennessee?

A: Fighting a misdemeanor is worth it. Even if you’ve been charged with a Class C misdemeanor, you could face the potential for some jail time. Whether it’s your first time being charged or not, you should hire an attorney to represent you. They can work to get it dismissed or expunged so it won’t appear on a background check.

Contact an Aggressive Misdemeanor Lawyer

At McNally Law, we have almost four decades of experience in criminal defense. We’ve gotten results for our Tennessee and Kentucky clients. Patrick McNally is well-known throughout the Nashville area and has been a member of the Criminal Law & Criminal Justice Committee since 1991. Using strategy and problem-solving, we can fight for your rights so you can move on with your life. Contact us today for a consultation to discuss your case.