Tennessee Felony Classes and Misdemeanor Penalties (2026)

Tennessee draws the line at one year. Under Tenn. Code Ann. 39-11-110, a violation of law that may be punished by one year or more of confinement or by death is a felony, and one punishable by fine or confinement for less than one year, or both, is a misdemeanor. Felonies fall into Classes A through E, with authorized terms from 1 to 6 years (Class E) up to 15 to 60 years (Class A), and misdemeanors into Classes A through C, topping out at 11 months, 29 days (Tenn. Code Ann. 40-35-110, 40-35-111). Some offenses, such as first degree murder, carry penalties set by their own statutes.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Tennessee's felony and misdemeanor definitions (Tenn. Code Ann. 39-11-110), the classification, class sentencing and offender-range sections (40-35-105 to 40-35-112, 40-35-120, 40-35-202, 40-35-210), misdemeanor sentencing (40-35-302), probation and judicial diversion (40-35-303, 40-35-308, 40-35-310, 40-35-311, 40-35-313) and the Public Chapters of 2021 to 2026 that amended them. It does not cover how individual offenses are graded (see the Tennessee theft laws and Tennessee assault and battery laws pages), release eligibility and parole, time limits for prosecution, expunction, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Tennessee

The definition is a single sentence in Tenn. Code Ann. 39-11-110:

"All violations of law that may be punished by one (1) year or more of confinement or by the infliction of the death penalty are denominated felonies, and all violations of law punishable by fine or confinement for less than one (1) year, or both, are denominated misdemeanors."

The one-year line is why the longest Class A misdemeanor sentence is "not greater than eleven (11) months, twenty-nine (29) days" (40-35-111(e)(1)), one day short of a year.

Offenses that do not name a class get a default. Under 40-35-110(b), "An offense designated a felony without specification as to category is a Class E felony," and under 40-35-110(d), "An offense designated as a misdemeanor without specification as to category is a Class A misdemeanor."

Tennessee felony and misdemeanor classes

Tenn. Code Ann. 40-35-111(a) provides that "A sentence for a felony is a determinate sentence." Subsection (b) sets "The authorized terms of imprisonment and fines for felonies," and subsection (e) sets the misdemeanor limits.

These are the ranges for the class itself. Within each felony class the offender's range (40-35-112) sets a narrower window, Tenn. Code Ann. 40-35-108 and 40-35-120 set higher sentences for some repeat convictions, and some offense statutes set their own penalties; all are described below.

Each felony fine is one the jury "may assess," and each felony and misdemeanor limit applies "unless otherwise provided by statute" (40-35-111(b), (e)). For a corporation, unless the offense statute sets a special corporate fine, 40-35-111(c)(1) sets felony fine ceilings of $350,000 (Class A), $300,000 (Class B), $250,000 (Class C), $125,000 (Class D) and $50,000 (Class E).

How the actual felony sentence is set: offender ranges

A felony class range is the outer band. The court first places the defendant in a range based on prior record, then picks a specific term inside it. A standard offender is sentenced within Range I (40-35-105(b)); multiple and persistent offenders are sentenced within Ranges II and III.

Source: Tenn. Code Ann. 40-35-112(a) to (c).

Inside the range, the court uses advisory guidelines. Under 40-35-210(c), the court "shall consider, but is not bound by," these guidelines: "(1) The minimum sentence within the range of punishment is the sentence that should be imposed, because the general assembly set the minimum length of sentence for each felony class to reflect the relative seriousness of each criminal offense in the felony classifications; and (2) The sentence length within the range should be adjusted, as appropriate, by the presence or absence of mitigating and enhancement factors set out in 40-35-113 and 40-35-114."

For a misdemeanor, the court "shall fix a specific number of months, days or hours" (40-35-302(b)).

Since July 1, 2026, Tenn. Code Ann. 40-35-115(e), added by Public Chapter 945 (2026), provides that when a defendant is convicted of two or more offenses "involving more than one (1) victim that is a minor," the court "shall order the sentences to run consecutively unless the court finds by a preponderance of the evidence that the facts of the case do not warrant the imposition of consecutive sentences and the imposition of consecutive sentences would not be in the best interest of justice." It applies to offenses committed on or after July 1, 2026.

Repeat offenders in Tennessee

Tennessee's repeat-offender rules work through the offender ranges rather than by moving an offense into a higher class.

Multiple offender, Range II (40-35-106). A defendant with "A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable," or "One (1) Class A prior felony conviction if the defendant's conviction offense is a Class A or B felony." A defendant found by the court beyond a reasonable doubt to be a multiple offender "shall receive a sentence within Range II." Except for convictions whose elements include bodily injury or threatened bodily injury, and aggravated burglary, felonies committed within the same 24-hour period count as one conviction (40-35-106(b)(4), as amended by Public Chapter 545 of 2021 for the aggravated burglary cross-reference).

Persistent offender, Range III (40-35-107). "Any combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable," or, where the new offense is Class A or B, "At least two (2) Class A or any combination of three (3) Class A or Class B felony convictions." The sentence is within Range III.

Career offender (40-35-108). A defendant with six or more Class A, B or C prior felonies and a Class A, B or C conviction offense; at least three Class A or four Class A or B priors and a Class A or B conviction offense; or at least six prior felonies of any class and a Class D or E conviction offense. A career offender "shall receive the maximum sentence within the applicable Range III."

Notice. If the district attorney general believes a defendant should be sentenced as a multiple, persistent or career offender, the district attorney general "shall file a statement thereof with the court and defense counsel not less than ten (10) days before trial or acceptance of a guilty plea," setting out the prior convictions, and the statement is not made known to the jury deciding guilt (40-35-202(a)). The defendant may waive the notice in writing with the consent of the district attorney general and the court.

Repeat violent offender, life without parole (40-35-120). A defendant convicted of a violent offense listed in 40-35-120(b)(1), (c)(1) or (d)(1) who has the required prior convictions for listed violent offenses, each followed by a separate period of incarceration served before the new offense (two under the (b) tier, one under the (c) and (d) tiers; 40-35-120(e)(1)), is a repeat violent offender. Under 40-35-120(g), "The court shall sentence a defendant who has been convicted of any offense listed in subdivision (b)(1), (c)(1) or (d)(1) to imprisonment for life without possibility of parole if the court finds beyond a reasonable doubt that the defendant is a repeat violent offender." The court "shall refuse to accept a plea agreement that fails to recommend" repeat violent offender sentencing for a defendant with enough designated prior convictions (40-35-120(f)), and the district attorney general must file a statement that the defendant is a repeat violent offender "within forty-five (45) days of the arraignment" (40-35-120(i)(2)).

Murder and offenses above the class ranges

Some offenses carry penalties set by their own statutes.

• First degree murder. Under 39-13-202(c), as restated by Public Chapter 528 (2021) and amended by Public Chapter 718 (2022), a person convicted of first degree murder "shall be punished by: (A) Death; (B) Imprisonment for life without possibility of parole; or (C) Imprisonment for life." But "If a person convicted of first degree murder under subdivision (a)(4) was an adult at the time of commission of the offense," the punishment is "(A) Death; or (B) Imprisonment for life without possibility of parole," and Public Chapter 718 extended that rule to (a)(5). Subdivision (a)(4) is a killing in the perpetration or attempted perpetration of an act of terrorism (effective July 1, 2021), and (a)(5) is a killing in the perpetration or attempted perpetration of "an aggravated rape, rape, rape of a child, or aggravated rape of child" (offenses on or after July 1, 2022). If the district attorney general intends to seek life without possibility of parole, written notice must be filed not less than 30 days before trial, and without the required notice the sentence on a first degree murder conviction is life imprisonment (39-13-208(b), (c)). In a case under 39-13-202(c)(2) in which the state does not seek the death penalty, 39-13-207(a)(2), added by Public Chapter 528, provides that the judge shall sentence the defendant to imprisonment for life without the possibility of parole.
• Attempted first degree murder of an on-duty officer or first responder. Under 39-13-202(d), added by Public Chapter 394 (2021) for offenses on or after July 1, 2021, "a person convicted of attempted first degree murder may be sentenced to imprisonment for life without possibility of parole" if the court finds the offense was committed against a law enforcement officer, correctional officer, department of correction employee, probation and parole officer, emergency medical or rescue worker, emergency medical technician, paramedic or firefighter engaged in official duties, and the person knew or reasonably should have known it.
• Second degree murder "is a Class A felony" (39-13-210(c)(1)). Public Chapter 752 (2026) added 39-13-210(c)(3): "Notwithstanding title 40, chapter 35, a person convicted of a violation of subdivision (a)(1) shall be punished as a Range II offender; however, the sentence imposed upon such person may, if appropriate, be within Range III but in no case shall it be lower than Range II." It applies to acts committed on or after July 1, 2026.
• Rape of a child is a Class A felony, and under 39-13-522(b) as restated by Public Chapter 951 (2024), an adult defendant's sentence "must be: (A) Death; (B) Imprisonment for life without possibility of parole; or (C) Imprisonment for life." For aggravated rape of a child, an adult's sentence "must be: (A) Death; or (B) Imprisonment for life without possibility of parole" (39-13-531(b)). A juvenile defendant is sentenced within Range II or higher for rape of a child and within Range III for aggravated rape of a child. Public Chapter 951 applies to acts committed on or after July 1, 2024. In Kennedy v. Louisiana, 554 U.S. 407 (2008), the U.S. Supreme Court held that "a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional under the Eighth and Fourteenth Amendments."
• Especially aggravated rape, especially aggravated rape of a child and grave torture are Class A felonies created by Public Chapter 1062 (2022) for offenses on or after July 1, 2022. An adult convicted of especially aggravated rape or especially aggravated rape of a child "shall be punished by imprisonment for life without possibility of parole." An adult convicted of grave torture is punished by life without possibility of parole or death, but the act provides that "a punishment of death shall not be imposed" until at least the thirtieth day after a U.S. Supreme Court decision overruling, in whole or in relevant part, Kennedy v. Louisiana, or the ratification of a federal constitutional amendment approving the death penalty for that offense. A juvenile convicted of any of the three is sentenced from Range III.

The Tennessee life sentence page explains how a life term is served.

Wobblers, reductions and judicial diversion

Tennessee's classification and sentencing sections (39-11-110, 40-35-110, 40-35-111, 40-35-112, 40-35-210) contain no general mechanism for reducing a felony to a misdemeanor. The class is set by the statute defining the offense.

Judicial diversion under Tenn. Code Ann. 40-35-313 defers further proceedings; it does not reclassify the offense. Among its eligibility limits, the defendant must not be seeking deferral "for a sexual offense, a violation of 39-15-502, 39-15-508, 39-15-511, or 39-15-512, driving under the influence of an intoxicant as prohibited by 55-10-401, vehicular assault under 39-13-106 prior to service of the minimum sentence required by 39-13-106, or a Class A or B felony" (40-35-313(a)(1)(B)(i)(c)). The Tennessee expungement laws page covers clearing a record.

Infractions and the lowest tier

The Tennessee classification sections set up two categories only, felonies and misdemeanors (39-11-110), and three misdemeanor classes (40-35-110(c)). They name no infraction or violation category. The lowest class is the Class C misdemeanor, "not greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute" (40-35-111(e)(3)).

Probation in Tennessee

Who is eligible. Public Chapter 513 (2025), effective July 1, 2025, restated Tenn. Code Ann. 40-35-303(a): "(1) A defendant is eligible for probation under this chapter if the sentence actually imposed upon the defendant is ten (10) years or less; however, a defendant is not eligible for probation under this chapter if convicted of a violation of: (A) Section 39-13-102(a)(1)(A)(iii), if the offense involved the use of a firearm from within a motor vehicle, as defined by 55-1-103; (B) Section 39-13-213(a)(2); (C) Section 39-13-304; (D) Section 39-13-402; (E) Section 39-13-504; (F) Section 39-13-532; (G) Section 39-15-402; (H) Section 39-17-417(b) or (i); (I) Section 39-17-1003; (J) Section 39-17-1004; or (K) Section 39-17-1005. (2) A defendant is also eligible for probation pursuant to 40-36-106(e)(3)." Item (A) was new in 2025. The 40-35-303(a) list is not the only limit: some offense statutes add their own, such as the vehicular assault statute (39-13-106), which in some cases requires a mandatory minimum period of incarceration to be served before release on probation under 40-35-303.

How long. Under 40-35-303(c)(1), probation runs "for a period of time no less than the minimum sentence allowed under the classification and up to and including the statutory maximum time for the class of the conviction offense." Public Chapter 409 (2021), effective July 1, 2021, added at the end of that subdivision: "If the court imposes a period of probation for only one (1) conviction, then the period of probation shall not exceed eight (8) years, including instances where a period of probation is imposed after a period of confinement. If the court imposes a period of probation for more than one (1) conviction, then the total period of probation imposed shall not exceed ten (10) years."

Meetings. Public Chapter 760 (2024) added 40-35-303(q), which requires a probation officer to "set any required meetings at times and locations that reasonably accommodate the work schedule of the probationer," and allows real-time voice and video reporting in place of an in-person meeting on approval from the Department of Correction.

Probation violations

On revocation, "The trial judge may order the original judgment to be in full force and effect from the date of the revocation of the suspension and may give credit against the original judgment by the amount of time the defendant has successfully served on probation and suspension of sentence prior to the violation or a portion of that amount of time" (40-35-310(a), as amended by Public Chapter 409).

Technical violations. Public Chapter 1060 (2022), effective July 1, 2022, provides that "the trial judge shall not revoke a defendant's probation and suspension of sentence for a felony offense, whether temporarily under subdivision (e)(1) or otherwise, based upon one (1) instance of technical violation or violations." The same act defines a "technical violation" as "an act that violates the terms or conditions of probation but does not constitute a new felony, new Class A misdemeanor, zero tolerance violation as defined by the department of correction community supervision sanction matrix, absconding, or contacting the defendant's victim in violation of a condition of probation." Public Chapter 409 (2021) had added graduated limits for revocations based on technical violations, which since Public Chapter 1060 apply where the defendant has violated probation "for a felony offense" by a second or subsequent instance of a technical violation, allowing "a term of incarceration not to exceed: (i) Fifteen (15) days for a first revocation; (ii) Thirty (30) days for a second revocation; (iii) Ninety (90) days for a third revocation; or (iv) The remainder of the sentence for a fourth or subsequent revocation."

Extending probation. Under 40-35-308(c), as amended by Public Chapter 409, at the end of a revocation hearing the court may extend probation supervision "for a period not exceeding one (1) year" on a finding on the record that the defendant repeatedly and intentionally failed to comply with court-ordered treatment programming, intentionally violated a condition on contact with the victim or the victim's family, or intentionally failed to comply with restitution orders despite the ability to pay; each later violation of those kinds allows another extension of up to one year.

Recent changes

• Public Chapter 409 (2021, effective July 1, 2021): eight-year and ten-year probation caps, the one-year extension rule, revocation credit and graduated technical-violation limits.
• Public Chapter 394 (2021, offenses on or after July 1, 2021): life without possibility of parole available for attempted first degree murder of an on-duty officer or first responder (39-13-202(d)).
• Public Chapter 528 (2021, effective July 1, 2021): moved a killing in the perpetration of an act of terrorism out of 39-13-202(a)(2) into a new (a)(4) and limited an adult's sentence for it to death or life without possibility of parole (39-13-202(c)(2)).
• Public Chapter 718 (2022, offenses on or after July 1, 2022): created 39-13-202(a)(5), a killing in the perpetration or attempted perpetration of an aggravated rape, rape, rape of a child or aggravated rape of a child, and applied the same adult death-or-life-without-parole rule to it.
• Public Chapter 545 (2021, effective July 1, 2021): updated the aggravated burglary cross-reference in the multiple, persistent and career offender sections.
• Public Chapter 1060 (2022, effective July 1, 2022): limited the one-technical-violation bar to felony probation and added victim contact to the conduct that is not a technical violation.
• Public Chapter 1062 (2022, offenses on or after July 1, 2022): created especially aggravated rape, especially aggravated rape of a child and grave torture as Class A felonies punished above the class range.
• Public Chapter 951 (2024, acts on or after July 1, 2024): restated the penalties for rape of a child and aggravated rape of a child.
• Public Chapter 760 (2024, effective July 1, 2024): probation meetings scheduled around work; video reporting.
• Public Chapter 513 (2025, effective July 1, 2025): restated the probation eligibility list in 40-35-303(a) and added convictions under 39-13-102(a)(1)(A)(iii) where the offense involved the use of a firearm from within a motor vehicle.
• Public Chapter 520 (2025, offenses on or after January 1, 2026): a person convicted of an offense against a domestic abuse victim with at least one prior such conviction must register as a persistent domestic violence offender; the registration period is 5, 7, 10 or 20 years after the most recent conviction, depending on the number of priors. Public Chapter 921 (2026, effective July 1, 2026) amended the same registry section, including a rule that the registration period defaults to the period for one prior conviction when the court's order does not state the number of priors.
• Public Chapter 752 (2026, acts on or after July 1, 2026): Range II minimum for second degree murder under 39-13-210(a)(1).
• Public Chapter 945 (2026, offenses on or after July 1, 2026): presumptive consecutive sentences for multiple offenses involving more than one minor victim.

Related legal issues in Tennessee

The class for a particular offense comes from its own statute. The Tennessee theft laws page explains how theft is graded into these classes by value, and the Tennessee assault and battery laws page covers the assault offenses. For time limits on charges, see the Tennessee statute of limitations.

Federal firearm rule

Federal law makes it unlawful for a person "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition in or affecting commerce (18 U.S.C. 922(g)(1)), and the federal definition excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less" (18 U.S.C. 921(a)(20)(B)). Every Tennessee felony class has a maximum above one year, while Tennessee misdemeanors are by definition punishable by less than one year. Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Tennessee theft laws
• Tennessee assault and battery laws
• Tennessee expungement laws
• How long is a life sentence in Tennessee

This article provides general legal information about Tennessee's offense classes, sentencing ranges and probation statutes as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Tennessee.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Tennessee?

Under Tenn. Code Ann. 39-11-110, a violation of law that may be punished by one year or more of confinement or by death is a felony, and one punishable by fine or confinement for less than one year, or both, is a misdemeanor. That is why the top misdemeanor term is 11 months, 29 days (40-35-111(e)(1)).

What are the felony classes in Tennessee?

Class A (15 to 60 years), Class B (8 to 30), Class C (3 to 15), Class D (2 to 12) and Class E (1 to 6 years) under Tenn. Code Ann. 40-35-111(b). The defendant's offender range under 40-35-112 narrows the window within each class, and first degree murder, grave torture, several rape and child-rape offenses and attempted first degree murder of an on-duty officer or first responder carry death or life penalties set by their own statutes. In Kennedy v. Louisiana (2008), the U.S. Supreme Court held that a death sentence for one who raped but did not kill a child, and who did not intend to assist another in killing the child, is unconstitutional under the Eighth and Fourteenth Amendments.

What is a Class A misdemeanor in Tennessee?

It is the highest misdemeanor class, punishable by not greater than 11 months, 29 days or a fine up to $2,500, or both, unless otherwise provided by statute (Tenn. Code Ann. 40-35-111(e)(1)). A misdemeanor designated without a class is a Class A misdemeanor (40-35-110(d)).

What is a Class E felony in Tennessee?

It is the lowest felony class, with an authorized term of 1 to 6 years and a fine the jury may assess up to $3,000, unless otherwise provided by statute (Tenn. Code Ann. 40-35-111(b)(5)); the ceiling for a corporation is $50,000 (40-35-111(c)(1)). A Range I sentence for a Class E felony is 1 to 2 years (40-35-112(a)(5)), and a felony designated without a class is a Class E felony (40-35-110(b)).

Does Tennessee have infractions?

The classification sections, Tenn. Code Ann. 39-11-110, 40-35-110 and 40-35-111, set up felonies and misdemeanors only. The lowest class is the Class C misdemeanor, punishable by not greater than 30 days or a fine up to $50, or both (40-35-111(e)(3)).

Can a felony be reduced to a misdemeanor in Tennessee?

Tennessee's classification and sentencing sections contain no general felony-to-misdemeanor reduction. Judicial diversion under Tenn. Code Ann. 40-35-313 defers further proceedings rather than reclassifying the offense, and among its limits it is not available for a Class A or B felony, a sexual offense or DUI.

How long is probation in Tennessee?

The period runs from the minimum sentence for the offense class up to the statutory maximum for that class (Tenn. Code Ann. 40-35-303(c)(1)). Since Public Chapter 409 of 2021, probation for only one conviction may not exceed eight years, including probation after a period of confinement, and for more than one conviction the total may not exceed ten years. Probation requires a sentence actually imposed of ten years or less and is unavailable for the offenses listed in 40-35-303(a); some offense statutes add their own limits.

What happens if you violate probation in Tennessee?

The judge may order the original judgment into effect and may credit time successfully served on probation (Tenn. Code Ann. 40-35-310(a)). One instance of technical violation cannot support revoking probation for a felony offense, and the graduated incarceration limits apply to a second or later technical violation of felony probation (Public Chapter 1060 of 2022), and a judge may extend probation by up to one year on the grounds in 40-35-308(c).