Brooks Law Firm
Memphis Felony Lawyer
A felony in Tennessee means at least a year of possible incarceration, and a conviction takes things a misdemeanor never touches: your right to own a firearm, your right to vote, and in many fields your ability to hold a professional license. But here is what most felony pages will not tell you: a large share of the felony cases we defend in Shelby County did not start as “felony conduct” in the way people imagine. They started as a DUI, a domestic argument, a shoplifting case, or a possession charge that crossed a statutory line — a prior conviction, a dollar amount, a drug quantity, an allegation of strangulation. Where that line sits, and whether the State can actually prove your case crossed it, is often the whole ballgame. Brooks Law Firm defends felony charges from preliminary hearing “downstairs” in General Sessions at 201 Poplar through indictment, trial, and when needed, appeal.
Facing a felony charge in Memphis or Shelby County? Talk to a lawyer before you talk to anyone else. Call (901) 324-5000, or call or text the criminal line at (901) 412-2973. Se habla Español.
Felony Classes and Ranges in Tennessee
Tennessee grades felonies from Class E (1–6 years) up through Class A (15–60 years), with first-degree murder in its own category. Your sentencing range also depends on your offender classification — a Range I standard offender faces a very different exposure than a career offender on the same charge. Fine ceilings run from $3,000 (Class E) to $50,000 (Class A). We walk every client through their true range — not the scary statutory maximum, but the realistic exposure given classification, release eligibility percentages, and the facts — at the first meeting.
The Four Ways an Ordinary Charge Becomes a Felony
1. DUI — the fourth offense, or an injury
First, second, and third DUI are Class A misdemeanors. A fourth or subsequent DUI is a Class E felony, and DUI with serious injury (vehicular assault) or a death moves into the felony classes quickly. Whether a prior “counts” within the look-back rules is frequently contestable. Full detail on our felony and repeat DUI page.
2. Theft — the $1,000 line
Theft of property valued at $1,000 or less is a misdemeanor. Cross $1,000 and it becomes a Class E felony; $2,500 brings Class D; $10,000 brings Class C; and the classes climb from there. Valuation is an element the State must prove — and retail “full price” tags, aggregation of separate incidents, and condition of the property are all places a felony theft can be attacked back down. See our theft charges page and, for entering a building or vehicle, burglary.
3. Drugs — quantity, schedule, and “intent to sell”
Simple possession is a misdemeanor. What makes a drug case a felony is quantity, the schedule of the substance, or the State’s theory that possession was with intent to sell or deliver — often inferred from packaging, cash, or scales rather than any sale. Casual-exchange arguments, quantity disputes, and suppression of the stop or search are the main levers. Start with our drug charges hub, or the substance pages: cocaine, methamphetamine, heroin, fentanyl.
4. Domestic assault — strangulation, priors, or serious injury
First-offense domestic assault is a misdemeanor. An allegation of strangulation or attempted strangulation elevates the charge to aggravated assault, a felony, under T.C.A. § 39-13-102 — and that allegation is often a single sentence in an affidavit, made on the worst night of two people’s lives. Serious bodily injury and use of a weapon also elevate. These cases have their own courtroom and their own prosecution unit in Shelby County. See domestic assault defense and aggravated domestic assault.
Weapons charges deserve their own mention: possession of a firearm during a dangerous felony, or possession by someone with a prior felony, stacks additional felony counts fast. See weapons charges.
Can a Felony Be Reduced to a Misdemeanor?
Often, yes — and pushing a felony back across the line it crossed is one of the most valuable outcomes in criminal defense, because it changes not just the sentence but everything a felony record touches. Reductions happen at the preliminary hearing stage, through negotiated amendments, by attacking the elevating element (the dollar value, the prior, the intent-to-sell theory, the strangulation allegation), and through mitigation under T.C.A. § 40-35-113. We wrote a full guide: Can a felony be reduced to a misdemeanor in Tennessee?
How a Felony Case Moves Through Shelby County
Felonies start in General Sessions with an arraignment and, critically, a preliminary hearing — the first and sometimes only chance to put the State’s witness under oath before trial, and a setting where weak felonies get dismissed or reduced. If probable cause is found (or the State takes the case straight to the grand jury), the case is indicted and moves “upstairs” to Criminal Court for motions, negotiation, and trial. Decisions made at the General Sessions stage — whether to waive the preliminary hearing, what gets locked into testimony — shape everything after, which is why hiring counsel before that first hearing matters more in a felony than anywhere else. We handle felonies in the surrounding counties as well, where Circuit Court fills the Criminal Court role — see our Tipton, Fayette, Lauderdale, and Haywood pages.
What a Felony Conviction Costs Beyond the Sentence
Firearm rights, voting rights, immigration consequences, professional licenses, housing and employment screens, and enhancement of any future charge. Some felony convictions can eventually be expunged under Tennessee’s limited felony expungement provisions, but most cannot — which is why the fight happens now, at the charge and plea stage, not later at the record stage. If the charge is dismissed or reduced, our expungement guide covers the cleanup.
For a step-by-step look at the hearing itself, see what happens at a preliminary hearing in Shelby County.
Frequently Asked Questions
What is the difference between a felony and a misdemeanor in Tennessee?
A misdemeanor carries a maximum of 11 months and 29 days in the county jail; a felony carries a minimum of one year and the possibility of state prison, plus loss of civil rights on conviction. Our Memphis misdemeanor page covers the other side of the line.
Will my felony case go to trial?
Most do not — they resolve by dismissal, reduction, or negotiated plea. But the cases that resolve well are the ones prepared as if trial is coming, because preparation is what moves prosecutors.
Should I waive my preliminary hearing?
Almost never without advice of counsel. The preliminary hearing is leverage — sworn testimony, cross-examination, and a real chance at dismissal or reduction before indictment. Waiving it gives that up, and occasionally a waiver is the right trade in a negotiation, but that is a strategic decision, not a formality.
Can I get a bond on a felony charge?
Bond is available in nearly all felony cases, and the amount and conditions can be argued and revisited. Getting counsel involved before the first appearance is the best way to affect both.
Brooks Law Firm defends felony charges across Memphis, Shelby County, and West Tennessee. Call (901) 324-5000, or call/text the criminal line at (901) 412-2973. See also our Memphis criminal defense overview and criminal appeals.