Tennessee Criminal Law

Tennessee criminal law and procedure is made up of several statutes detailing crimes, punishments, and court processes in criminal trials. The information below is a condensed selection of common issues in Tennessee criminal law gathered to provide a basic understanding of the topic. If you have been charged with violating a criminal law in Tennessee, you should contact a Tennessee criminal defense attorney.

Drug Possession in Tennessee

Drug crimes in Tennessee carry varying sentences for different types of drugs, quantities of drugs, and the criminal charge brought against the defendant:

• In Tennessee, distribution, or possession with intent to distribute, charges for any quantity of narcotics such as cocaine, heroin, or methamphetamines can result in a felony conviction and 8 – 30 years in jail and a fine of $100,000 - $200,000 depending on the quantity. If convicted of distribution or intent to distribute large quantities, a defendant risks an elevated sentence of 15 – 60 years in jail and a fine up to $500,000.
• Marijuana distribution in Tennessee can result in a variety of jail sentences. A defendant faces 1 –12 years in jail and a fine ranging between $5,000 - $50,000 for a distribution charge. If arrested large quantities of marijuana, a defendant faces a more serious felony conviction punishable by anywhere from to 8 – 60 years in prison and fines from $100,000 - $500,000.
• Possession charges will only apply if the amount of narcotics or marijuana is very small. Anything more than what a person would have for personal use could elevate the charge to possession with intent to distribute. Possession in Tennessee is a misdemeanor punishable by up to 1 year in prison and a fine of $2,500.

Assault in Tennessee

Assault in Tennessee covers what many people consider when they hear the term "assault and battery."

• A simple assault in Tennessee occurs when an assailant intentionally or recklessly causes bodily injury to another, or causes a legitimate fear of imminent harm to another. Assault is a misdemeanor punishable by up to one year in jail and a fine up to $2,500.

• If an assault crime causes serious bodily injury, or the assailant uses a weapon in the commission of the assault, the crime is elevated to aggravated assault. Aggravated assault in Tennessee is a felony punishable by 3 –15 years if the assault is intentional, and 2 –2 if the behavior was reckless. Fines range from $5,000 - $10,000.

There are a number of circumstances under which an assault charge in Tennessee can lead to steeper penalties; if arrested for assault in Tennessee, contact a Tennessee criminal defense attorney.

Tennessee Drunk Driving –DUI will change effective January 1st, 2011.

A first time DUI offender in Tennessee faces 48 hours in jail, fines ranging between $350 - $1,500, license suspension of 1 year, a mandatory DUI education program, assorted fees totaling to almost $5,000, and a possible installation of an ignition interlock device. High Blood Alcohol Content levels or other circumstances elevating the risk of harm to others can result in an increase in jail time and fines. If arrested for a DUI in Tennessee, contact a Tennessee DUI attorney.

Right to Jury in Tennessee

With the exception of trials for small offenses, a criminal defendant on trial in Tennessee has a right to a jury trial. A defendant may waive this right by submitting the waiver request in writing, getting the consent of the prosecutor, and the approval of the trial court.

Trial Date in Tennessee

The Tennessee code grants a defendant a right to a speedy trial. A Tennessee court will make every effort to set the trial date within 180 days of the date of the defendant's indictment, and if the trial does not occur in that time the court will set out a reason for the delay. A court may grant a continuance at the request of either party if there is reason to do so.

Sentence Review / Appeal

In Tennessee a convicted defendant in Tennessee has the right to appeal a court order on a motion, the judgment or verdict, or the sentence. In order to file an appeal a defendant must allege a cause for the review stemming from a violation of his rights during the trial or sentencing. Appeals require timely attention to procedural details; contact a Tennessee criminal attorney for more information or assistance in filing an appeal.

Tennessee Code and Rules of Criminal Procedure

Click here for the Tennessee Code Annotated:

1. Drug Possession in Tennessee
1. Tennessee Code Annotated, Title 39: Criminal Offenses, Chapter 17 §§ 417, 418
2. Assault in Tennessee
1. Tennessee Code Annotated, Title 39: Criminal Offenses, Chapter 13 §§101, 102
3. Tennessee Drunk Driving – DUI
1. Tennessee Code Annotated, Title 55: Motor Vehicles, Chapter 10 § 403
4. Trial Date in Tennessee
1. Tennessee Code Annotated, Title 40: Criminal Procedure, Chapter 38 § 105

1. Right to Jury in Tennessee
1. Tennessee Rules of Criminal Procedure, Rule 23
2. Sentence Review / Appeals in Tennessee
1. Tennessee Rules of Criminal Procedure, Rule 37