Memphis Misdemeanor Lawyer

Most criminal cases in Shelby County are misdemeanors, and most of them are resolved without a trial — but how they resolve matters for the rest of your life. A misdemeanor in Tennessee carries up to 11 months and 29 days in jail, and a conviction stays on your record permanently unless you qualify to have it removed. The difference between a conviction, a diversion, and an outright dismissal usually comes down to decisions made in the first few weeks of the case. Brooks Law Firm handles misdemeanor charges every week in the General Sessions courts at 201 Poplar and in the city and suburban courts around Shelby County, and we treat every client like family — you will always know where your case stands and what your options are.

Charged with a misdemeanor in Memphis or Shelby County? Call the office at (901) 324-5000, or call or text the criminal line at (901) 412-2973. Se habla Español.

Misdemeanor Classes in Tennessee

Tennessee divides misdemeanors into three classes under T.C.A. § 40-35-111(e). The class determines the maximum jail sentence and fine, and it also shapes what prosecutors will offer and what a judge can do with the case. For the full statewide sentencing detail — percentage-to-serve rules, probation lengths, and fine ranges — see our Tennessee misdemeanor classes and sentencing reference page. This page focuses on how these cases are actually defended and resolved in Memphis and Shelby County.

Class A Misdemeanors — up to 11 months, 29 days and a $2,500 fine

The most serious misdemeanor level, one step below a felony. Common Class A charges in Shelby County include domestic assault (first offense), simple assault with bodily injury, DUI (first, second, and third offense), simple possession of marijuana or other drugs, possession of drug paraphernalia, theft of property valued at $1,000 or less, violation of an order of protection, harassment, resisting arrest, and driving on a revoked license with a prior. Many of the cases we handle daily sit in this class.

Class B Misdemeanors — up to 6 months and a $500 fine

Class B charges include reckless driving, assault by offensive or provocative contact (no injury), aggravated criminal trespass, indecent exposure, and prostitution (first offense).

Class C Misdemeanors — up to 30 days and a $50 fine

The lowest criminal level: public intoxication, disorderly conduct, minor in possession of alcohol, and most moving violations charged as criminal offenses rather than civil infractions. Even a Class C charge is still a criminal case with a court date — it is not a ticket you can safely ignore.

How a Misdemeanor Case Moves Through 201 Poplar

Nearly every Shelby County misdemeanor starts in General Sessions Criminal Court at 201 Poplar Avenue — what courthouse regulars call “downstairs.” Your first setting is an arraignment or video arraignment where the charge is read and counsel is addressed. After that the case is typically reset for a report date while your attorney gets the discovery, talks to the assigned prosecutor, and works the case. Misdemeanors resolve in General Sessions far more often than they go anywhere else: dismissal, diversion, an amended charge, a plea to a lesser offense, or — when the facts call for it — a preliminary hearing or trial. Because we appear in these courtrooms constantly, we know the tendencies of the individual divisions and prosecutors, and in many misdemeanor matters we can handle settings so you miss as little work as possible.

Ways a Misdemeanor Can End Without a Conviction

This is the part of a misdemeanor case that matters most, and it is where experienced counsel earns its fee. Tennessee law gives first-time and low-record defendants several paths that end with the charge dismissed and the record cleared:

• Outright dismissal. Weak proof, an unavailable witness, an unlawful stop or search, or a completed remedial step (a class, restitution, treatment) can all lead the State to dismiss.
• Judicial diversion (T.C.A. § 40-15-105). For eligible defendants, the judge defers the case without a conviction while you complete a probationary period. Finish it successfully and the charge is dismissed and eligible for expungement. DUI is the significant exception — it can never be diverted in Tennessee.
• Pre-trial diversion. A separate, prosecutor-driven agreement available in limited cases, with the same end point: dismissal and expungement eligibility.
• Conditional and negotiated outcomes. Amendments to non-criminal or lesser offenses, retirement of the charge, or a plea structured to preserve expungement eligibility later.

If your case has already ended, the charge may still be removable. See our post on misdemeanor expungement in Tennessee, or call and we will pull your disposition and tell you whether § 40-32-101 covers it.

Probation, Suspended Sentences, and What “11/29” Really Means

When a misdemeanor does end in a conviction, jail is not the usual outcome for most first offenses. Judges routinely impose the sentence and suspend all or nearly all of it to supervised or unsupervised probation under T.C.A. § 40-35-303. But probation has teeth: conditions typically include no new arrests, fees and costs, classes or treatment, and reporting — and a violation can bring the suspended time back. Domestic-assault-related probation can run far longer than the underlying sentence. Certain convictions also carry consequences beyond the sentence itself: firearm restrictions, immigration exposure, professional licensing problems, and CDL disqualifications. We walk every client through those collateral consequences before any plea is entered, because a “quick plea to get it over with” is often the most expensive decision in the whole case.

Misdemeanors Outside Memphis

We regularly defend misdemeanor charges in the suburban and regional courts as well — Germantown, Bartlett, Collierville, Millington, and the Tipton, Fayette, Lauderdale, and Haywood county courts. Each court runs its docket differently, and knowing those differences is often the practical edge in a misdemeanor case.

Frequently Asked Questions

Will I go to jail for a first misdemeanor in Memphis?

For most first-offense misdemeanors, no — dismissal, diversion, or a suspended sentence with probation is the typical range of outcomes. DUI is the major exception, with mandatory minimum jail time on conviction. The realistic answer depends on the charge, your record, and the courtroom, which is exactly what we assess in a first consultation.

Do I need a lawyer for a misdemeanor?

A misdemeanor is a criminal conviction with permanent-record consequences, and the paths that avoid a conviction — diversion, negotiated dismissal, expungement-safe pleas — are procedural doors that are easy to walk past without counsel. Most of the value of a misdemeanor lawyer is making sure the case ends in a way that can come off your record.

What is the difference between a misdemeanor citation and being arrested?

Tennessee law lets officers issue a citation in lieu of arrest for many misdemeanors — you sign, you are released, and you are given a booking date and court date instead of going to jail that night. It is still a criminal charge and it still requires a defense. We cover this in detail in our post on misdemeanor citations in Memphis.

Can a misdemeanor conviction be expunged in Tennessee?

Dismissed charges and completed diversions can be expunged, and many single misdemeanor convictions can be expunged five years after the sentence is completed under T.C.A. § 40-32-101(g). Some offenses are excluded, so eligibility has to be checked against the specific conviction.

Talk to a Memphis misdemeanor lawyer before you talk to anyone else. Brooks Law Firm — (901) 324-5000, or call/text the criminal line at (901) 412-2973. See also our Memphis criminal defense overview, drug charges, and probation violations.