Misdemeanor Attorney in Memphis

Charged with a Misdemeanor? Get Affordable Defense from a Former Prosecutor

Facing a misdemeanor charge in Memphis can be daunting, but at Law Office of Joshua N. Corman, we are here to stand by your side. With over 18 years of experience, led by Attorney Corman, who has served as both a prosecutor and defense lawyer, we bring a dual perspective that is vital in crafting a strong defense.

We understand that each misdemeanor case is unique, involving various nuances that require a personalized approach. Our team dedicates ample time to understand the specifics of your situation, investigate all facets of the charge, and develop a bespoke defense strategy tailored just for you. 

Our experienced misdemeanor attorney in Memphis—a former prosecutor—knows how the system works and how to fight for your rights. We offer affordable fees and bilingual support. Call (901) 657-4928 now or reach out online to schedule a free consultation.

Understanding Misdemeanor Classifications and Penalties in Tennessee

In Tennessee, misdemeanors are criminal offenses punishable by up to 11 months and 29 days in a county or local jail. They are categorized into three classes based on their severity, with each carrying specific punishment ranges. A knowledgeable misdemeanor attorney in Memphis will quickly identify the precise classification of your charge and its potential implications.

Class A Misdemeanors (T.C.A. § 40-35-111(e)(1)):

These are the most serious type of misdemeanor in Tennessee, just below felony level.

• Maximum Penalties: Up to 11 months and 29 days in a county or local jail and/or a fine of up to $2,500.
• Examples: Common Class A misdemeanors include:
  • Simple Assault (unless enhanced to felony domestic assault or aggravated assault)
  • First, Second, and Third Offense Driving Under the Influence (DUI)
  • Simple Possession of Marijuana, Cocaine, or any other drug (certain quantities)
  • Possession of Drug Paraphernalia
  • Theft of property valued at $1,000 or less
  • Domestic Assault (first offense, without certain injuries or strangulation)
  • Violation of an Order of Protection
  • Joyriding
  • Harassment
  • Resisting Arrest

Class B Misdemeanors (T.C.A. § 40-35-111(e)(2)):

These offenses are less severe than Class A but still carry significant penalties.

• Maximum Penalties: Up to 6 months in jail and/or a fine of up to $500.
• Examples: Common Class B misdemeanors include:
  • Reckless Driving
  • Prostitution (first offense)
  • Indecent Exposure
  • Aggravated Criminal Trespass
  • Assault involving offensive contact (often distinguished from bodily injury)

Class C Misdemeanors (T.C.A. § 40-35-111(e)(3)):

These are generally considered the least serious type of criminal offense in Tennessee.

• Maximum Penalties: Up to 30 days in jail and/or a fine of up to $50.
• Examples: Common Class C misdemeanors include:
  • Public Intoxication
  • Disorderly Conduct
  • Minor in Possession/Consumption of Alcohol
  • Basic traffic offenses (e.g., speeding, failing to yield) that are not mere infractions
  • Using False Identification to obtain alcohol
  • Carrying a Firearm with intent to go armed (if certain conditions apply)

Other Potential Sentences for Misdemeanors

Beyond jail and fines, Tennessee courts can impose other sentences:

• Probation (T.C.A. § 40-35-303): A judge may impose a jail sentence but suspend part or all of it, allowing you to serve that time in the community on probation. For most misdemeanors, probation can last up to two years. However, for domestic assault and related offenses, probation terms can be as long as eight years. Conditions often include obeying the law, maintaining employment, paying restitution, undergoing treatment, and reporting to a probation officer. Violating any of these terms can result in revocation of the suspended sentence and being sent or returned to jail.
• Sentencing Alternatives: Judges have options like:
  • Work Release: Allows you to continue working while serving jail time.
  • Furloughs: Short periods of release from jail.
  • Rehabilitative Programs: Participation in various treatment programs.
  • Trusty Status: Inmate worker programs with privileges.
• Judicial Diversion (T.C.A. § 40-15-105): For eligible first-time offenders, this program allows a judge to defer criminal proceedings for a period of time (e.g., 6 months to 2 years). If you successfully complete the terms of diversion (e.g., pay court costs, make restitution, avoid new arrests, complete counseling), the charges are dismissed, and the record can be expunged. This is a highly desirable outcome for avoiding a criminal conviction.
• Pre-Trial Diversion: A prosecutor-led program (distinct from judicial diversion). For certain minor offenses, the District Attorney's Office may offer a pre-trial diversion agreement. If you successfully complete the agreed-upon conditions, the charges are dismissed, and are eligible for expungement.
• Community Service: Often ordered as a standalone penalty or as a condition of probation/diversion.
• Court Costs and Fees: Nearly every case disposition will require payment of court costs and various fees.

The specific penalties within these ranges, and whether particular alternatives like judicial diversion are available, depend on the circumstances of the case, any aggravating or mitigating factors, and the discretion of the judge. The broad range of possible outcomes, even for offenses within the same class, emphasizes the need for a thorough evaluation by a Memphis misdemeanor lawyer.