Understanding Tennessee's Repeat Offender Law

If you have prior misdemeanor convictions, a new Tennessee law could significantly impact your future. On July 1, 2024, the state enacted Tennessee Code Annotated § 40-35-124, also known as the “recidivist misdemeanant” or “repeat offender” statute. This law enhances penalties for individuals with multiple qualifying misdemeanor convictions, meaning a charge that may have previously been treated as a misdemeanor could now result in a felony conviction. Understanding how this statute works is crucial for anyone facing criminal charges in Tennessee.

What Does the New Repeat Offender Law Say?

This law establishes enhanced sentencing for individuals with multiple misdemeanor convictions. Here are the key points:

Qualifying Misdemeanors

• The law applies to 34 specific misdemeanor offenses, including theft, assault, DUI, domestic assault, and unlawful possession of a firearm.

Enhanced Sentencing

• Sixth or Subsequent Offense: If you have five prior qualifying misdemeanor convictions, a sixth or subsequent qualifying conviction will be charged as a Class E felony.
• Third or Subsequent Specific Offenses: Certain offenses, such as domestic assault, child abuse, violation of an order of protection, or unlawful possession of a firearm, will result in a Class E felony upon a third conviction.

Time Frame Considerations

• If your most recent prior conviction occurred within the past ten years, all qualifying convictions within the last twenty years will be considered.
• If more than ten years have passed since your last conviction, the law does not apply.

Out-of-State Convictions

• If a conviction from another state has the same elements as a qualifying Tennessee misdemeanor, it can be counted as a prior offense under this statute.

Why This Matters

This law dramatically increases the stakes for those with prior misdemeanor convictions. A charge that might have previously resulted in probation or a short jail sentence could now carry the lifelong consequences of a felony conviction, including loss of certain civil rights, employment difficulties, and harsher sentencing in future cases.  The penalty for a class E felony is a sentence of one to five years and a possible penalty of up to $3,000.

Contact your Nashville Criminal Defense Attorney for Help

If you have been charged with a misdemeanor offense in Tennessee, it is more important than ever to have an experienced defense attorney on your side. Attorney Carla Grebert will defend you against criminal charges and help you navigate the complexities of Tennessee’s recidivist misdemeanant law. Don’t take risks with your future—contact Carla today to discuss your case and protect your rights.