Criminal Misdemeanor
The Criminal-Misdemeanor panel of attorneys at LRIS consists of local, qualified attorneys who have represented clients in an adequate number of misdemeanor cases from start to finish. Misdemeanor offenses in Tennessee include any crime in which the maximum penalty is 11 months and 29 days in jail. These offenses include such crimes as simple possession of drugs, simple assault, DUI (1st, 2nd or 3rd offense), theft under $500, certain weapons offenses, and numerous other offenses.
Misdemeanors can be tried in General Sessions Court by a judge. However, any person charged with a misdemeanor criminal offense does have a constitutional right to a jury trial. That right must be exercised in Criminal (or “Circuit”) Court because that is where jury trials are heard. The vast majority of criminal cases are resolved through the plea-bargaining process, where the defense attorney and prosecutor reach an agreement to settle the case with the approval of the defendant. All such agreements must be approved by the judge. Some misdemeanors have mandatory jail time upon conviction (such as DUI), while others do not allow for any jail time (such as public indecency and littering).
In addition to the most obvious types of penalties involved with a misdemeanor (such as potential jail time, fines, community service, and/or probation), there are other considerations at stake. For example, a conviction for DUI impacts the person’s driving privileges. Further, a conviction for domestic assault impacts a person’s ability to possess a firearm.
By submitting an LRIS Referral Form, a qualified criminal defense attorney will guide you through the process and explain your rights and raise any valid defenses on your behalf.
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