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Misdemeanor Cases

I have defended numerous misdemeanor cases throughout my career. Although a misdemeanor conviction may not carry the more serious penalties associated with a felony conviction. It is nonetheless equally important to avoid a conviction at all costs when possible. These cases need to be handled properly on the front end because a misdemeanor conviction will result in loss of future employment opportunities. I strongly suggest you hire a lawyer immediately after your arrest.

Tennessee has three grades for misdemeanor crimes. Below is a brief summary of these classification and penalties.

Tennessee Misdemeanor (Class A): Maximum jail sentence of 11 months and 29 days, with a maximum fine of $2,500.00.

Tennessee Misdemeanor (Class B): Maximum jail sentence of 6 months, with a maximum fine of $500.00

Tennessee Misdemeanor (Class C): Maximum jail sentence of 30 days, with a fine not to exceed $50.00.

The most common misdemeanor charges are DUI, reckless driving, simple possession of cocaine, simple possession of marijuana, simple assault, domestic violence, underage possession of alcohol, underage consumption of alcohol, disorderly conduct, public intoxication, indecent exposure, drug paraphernalia, weapons charges, shoplifting, theft, and patronizing prostitution.

Notable Misdemeanor Cases

Downtown Nashville Assault. My client was charged with violating Tennessee Code Annotated Sections 39-13-101 (Assault) and 39-17-310 (Public Intoxication). The Nashville, Tennessee Police report stated that the suspect was in local bar on Broadway. Suspect had entered the restroom of the establishment and grabbed the victim's child in the restroom. The victim confronted the suspect about the incident and called for management. When the victim turned away from the suspect, the suspect used both hands and pushed the victim back. This action shoved the victim down and allowed the suspect to flee. The accused was caught and detained by security. A diversion plea was reached and my client avoided a criminal conviction. Case number 09-130.

Nashville Simple Assault Case Expunged. My client was charged with violating Tennessee Code Annotated Section 39-13-101 (Simple Assault) when he was cited with a misdemeanor citation. A security guard alleged that my client "got in his face...and struck him in the side of the head" when an altercation occurred after he failed to produce his concert ticket. A plea deal was struck and my client's case was dismissed upon the completion of an anger management class. His record is now sealed. Case number 07-107.

Franklin, Williamson County, Tennessee Harassment Case Diverted and Defendant Avoids a Conviction. My client was charged with violating Tennessee Code Annotated Section 39-17-308 (Harassment). The defendant had been in therapy due to past "bullying" of the victim and he wanted closure on some issues that occurred approximately 15 to 20 years ago. However, the defendant went about this closure in the wrong way. The Brentwood Police Department report stated that the defendant "did knowingly send 40+ text messages to the victim without a legitimate purpose." Due to the unique nature of this case, a plea was reached where my client avoided a permanent criminal conviction. Case number 07-049.

Nashville Internal Airport Case Expunged. My client was charged with violating Tennessee Code Annotated Section 39-17-1302 (Prohibited Weapon). A Nashville, Tennessee Police Officer was dispatched to Nashville International Airport to investigate a carryon bag that had a "throwing star" in it. My client admitted that the star belonged to his son and forgot that it was in his bag. The case was dismissed after community service. My client’s record was expunged. Case number 09-090.

Disorderly Conduct Case Dismissed. My client received a misdemeanor citation for violating Tennessee Code Annotated Section 39-17-305 (Disorderly Conduct) while on business in Nashville, Tennessee. My client went to eat at a local downtown Nashville restaurant when a patron started an argument with him. After an exchange of heated words, my client was charged with disorderly conduct. At the first court date, the State agreed to dismiss all charges. My client avoided a conviction and his record is sealed. Case number 11-006.

Leaving the Scene of an accident charged dismissed. My client was charged with leaving the scene of an accident after he crashed his car in Hermitage, Davidson County, Tennessee in the early morning hours. My client had a prior DUI arrest and the reporting officer included this information in his report. A plea agreement was reached where my client avoided a conviction and his record is now expunged. Case number 11-044.

Underage Possession of Beer Dismissed. My client was charged with violating Tennessee Code Annotated Section 57-5-303 when he was charged with underage possession of alcohol. After a routine traffic stop, a Metro Nashville Police Officer noticed in "plain view" a six pack of beer. A plea agreement was reached where my client completed 4 hours of community service and his charges were dismissed. If my client would have simply pleaded guilty, he would have lost his driver’s license. Case number 07-134.

Underage Possession of Alcohol and Illegal Consumption of Alcohol Charges Expunged. My client and his sister were cited with violating Tennessee Code Annotated Section(s) 57-4-203 and 1-3-113 for alcohol possession and consumption by minors. Alcohol was found in their car after a routine traffic stop. A plea was reached were they both avoided a conviction and their cases are sealed from public view. Case number 07-074.

Possession by Minor Expunged. My client was charged with violating Tennessee Code Annotated Section 57-4-203 when he was caught in possession of whiskey. A criminal conviction was avoided and his record is sealed from public view.

Clarksville and Murfreesboro, Tennessee Charges Dismissed. My client was charged with underage consumption of alcohol in both Murfreesboro and Clarksville, Tennessee. These charges were pending at the same time and my client had to avoid a conviction in order to maintain a college scholarship. I was hired to defend both cases. I was able to get both cases retired and my client avoided criminal convictions. Case number 08-067.

Nashville Assault Case Retired. My client was charged with an assault that stemmed from an incident with one of his commercial property renters. My client claimed self-defense in this matter and prevailed. My client approached the alleged victim in this case because her car was blocking others in a shared parking lot. After a heated argument, the alleged victim scratched by client and slapped him in the face. The defendant defended himself by restraining her wrists. After revealing the real truth to the DA, the State of Tennessee agreed to retired the case and not pursue the prosecution. Case number 06-081.

Not Guilty Verdict.  My client was charged with reckless driving after an off-duty police officer alleged that my client attempted to run him off the road in Nashville, Tennessee.  At trial, the off-duty cop testified that my client attempted to pass him while going up a hill and stayed within 6 inches of his driver's side door for over 100 yards.  On cross examination, I discredited the off-duty officer by using detailed pictures and showing to the court that this alleged reckless driving was virtually impossible during rush hour traffic.  In short, his testimony made no sense and was impossible.  A not guilty verdict was returned and my client's record is now sealed from public view.  Case Number 12-081.

Nashville defendant avoids a permanent conviction for leaving the scene of an accident.  My client received a misdemeanor conviction for leaving the scene of an accident after she bumped the car in front of her.  According to the police officer, she failed to stop and exchange insurance information.  Only a minor scratch appeared on her car.  A successful plea agreement was reached where my client had her case dismissed after performing 8 hours of community service work.  Case number 13-023.

Nashville underage consumption case dismissed after 12 hours of community service work and the payment of court costs.  Case number 13-019.

I help good people restore their lives

-Lee Martin is a Nashville criminal defense lawyer who has gained national recognition as a DUI and criminal defense attorney.  With over a decade of experience, he knows how to get results in criminal defense cases.  If you are seeking an experienced criminal defense attorney, use his experiences to your advantage.  If you need help with a pending misdemeanor charge, give him a call at 615-345-1988.

National Trial Lawyers Top 100 in the areas of DUI and criminal defense.

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