In Tennessee, Class E felonies are the lowest-level felony offenses. However, they still carry severe penalties. Depending on the offense, you could end up facing a mandatory 150 days in jail and a fine of up to $15,000.

And if your felony charge involves a DUI, you may also end up with an eight-year driver’s license suspension, requirements to attend drug or alcohol counseling, and out-of-pocket costs such as bail, increased car insurance premiums, and court costs.

If you’re facing any Class E felony charge, it’s critical that you talk to an experienced attorney as soon as possible.

What is a Class E Felony in Tennessee?

Tennessee classifies felony offenses into five categories (A, B, C, D, and E). Each has different penalties, all of which include jail time and fines. As previously mentioned, Class E is the least severe. 

However, Class E felony charges are still very serious. Penalties can include up to five months in jail, expensive fines, a permanent felony record, and long-term collateral consequences that you may not be aware of (e.g., loss of firearm rights, employment challenges). 

Here are some examples, as explained in Tennessee Code § 39:

1. A fourth (or subsequent) DUI over a 10-year span
2. Theft of property valued between $1,000 and $2,500
3. A person with a prior felony conviction caught possessing a gun
4. Simple possession of a controlled substance after two prior convictions
5. Unlawful drug paraphernalia sales or distribution
6. Forging documents with intent to defraud, especially if the value is under $2,500
7. Evading arrest in a motor vehicle 
8. Reckless endangerment acts involving a deadly weapon or actions creating a risk of serious bodily harm

What are the Penalties for a Class E Felony in TN?

Penalties for a Class E felony will depend on several factors, including the charge, the judge, and whether your offense includes mandatory jail time. However, here’s a breakdown of what you should expect:

Jail time

The amount of jail time you’ll face will depend on your offender classification:

• First offense: One to two years in prison
• Two to four prior felonies: Two to four years in prison
• Multiple prior felonies: Four to six years in prison

A judge has the ability to grant probation instead of incarceration if the offense does not require mandatory jail time. However, Class E felony DUI offenses have a minimum jail sentence of 150 days and a maximum of 11 months and 29 days. Any time that remains toward the maximum sentence after you’ve served your jail sentence will be spent on probation.

Fines

Fines range from $3,000 to $15,000, but you may be required to pay other out-of-pocket costs

Driver’s License Suspension

Certain offenses, including evading arrest in a vehicle or drug convictions, may lead to driver’s license suspension or revocation ranging from one to eight years. The mandatory sentence for a Class E felony DUI is an eight-year license suspension.

Additionally, some drug and alcohol offenses may include mandatory completion of DUI school, the installation of an ignition interlock device, community service, and/or completion of a drug and alcohol rehabilitation program.

Collateral Consequences

A felony conviction can also result in non-criminal penalties such as:

• Loss of voting rights (These will be restored after your sentence is completed)
• Loss of gun rights
• Complications finding employment
• Ineligibility for certain professional licenses
• Potential loss of public housing or federal student aid eligibility (in drug-related cases)

Repeat Offender Enhancements

If you’re a repeat offender, you may face sentence enhancements or a mandatory minimum sentence may apply, particularly if the offense establishes a pattern, involves gang activity, or involves the use of a deadly weapon.

If you’re facing multiple charges, judges can also impose consecutive sentences.

Court Costs and Restitution

Court fees and costs can total hundreds or even thousands of dollars, depending on the offense. Additionally, if an offense involves theft, damage to property, or injury to a person, you may be ordered to pay restitution.

What is the Statute of Limitations for a Class E Felony in Tennessee?

A statute of limitations is like an expiration date for filing criminal charges. Once the clock runs out, the case can’t move forward.

Prosecution for a Class E felony generally must be initiated within two years of the date of the offense.

Other Felony Classifications in Tennessee

Here’s a summary of each classification, including maximum sentences, according to Tenn. Code Ann. § 40‑35‑111:

Felony class	Jail time	Max fine	Example
Class E	1–6 years	$3,000	Fourth DUI, Theft ($1,000–$2,500)
Class D	2–12 years	$5,000	Reckless homicide, theft ($2,500–$10k)
Class C	3–15 years	$10K	Aggravated assault, theft ($10k–$60k)
Class B	8–30 years	$25K	Aggravated robbery, voluntary manslaughter
Class A	15–60 years	$50K	Aggravated rape, certain homicides

More Frequently Asked Questions about Class E Felonies in Tennessee

More Tennessee Resources

Do you have to stop at DUI checkpoints in Tennessee?

What is the new blood alcohol concentration limit in Tennessee?

Penalties for a first DUI in Tennessee

Penalties for a second DUI in Tennessee