Misdemeanors

Misdemeanor Attorney in Memphis

A Sitting Judge Who Defends Memphis Misdemeanor Clients

A misdemeanor charge is a criminal matter. It can mean jail time, fines, probation, and a record that follows you through background checks for years. At Francavilla Law Firm, Tim Francavilla has defended clients against misdemeanor and felony charges in Memphis courts since 1997, and he brings something no amount of courtroom hours alone can provide: the perspective of a sitting judge. Since 2016, Tim has presided at Bartlett Municipal Court, meaning he understands firsthand how judges read arguments, weigh mitigating factors, and approach sentencing. That vantage point shapes how we build your defense from day one.

You work directly with Tim throughout your case, not with associates or rotating staff. Every consultation starts with listening to your account of what happened before we analyze evidence or discuss options. Our firm holds a Martindale-Hubbell Distinguished peer review rating for ethical standards and legal ability, and Tim regularly lectures for the Tennessee Bar Association and Memphis Bar Association to stay current with developments in Tennessee criminal law.

If you’re facing a misdemeanor charge in Memphis or anywhere in Shelby County, don’t wait to get counsel. Call Francavilla Law Firm today at (901) 979-9992 to speak directly with Tim Francavilla.

Why Judicial Experience Changes Misdemeanor Defense

Judicial discretion plays a larger role in misdemeanor cases than many people realize. The difference between probation and jail time, between a conviction and a diversion, often comes down to how an argument is framed and how mitigating facts are presented. Having served as a municipal judge since 2016, Tim knows what lands and what doesn’t when a judge is evaluating a case. He’s seen how arguments are received from both sides of the bench, and that experience directly shapes how we prepare cases, structure plea negotiations, and communicate with prosecutors and courts.

Our work also extends beyond the trial level. Tim has successfully briefed and argued complex legal issues before the Tennessee Court of Criminal Appeals and the Tennessee Supreme Court, a depth of appellate experience that reflects how seriously we approach every aspect of criminal defense. We’re also a member of the Tennessee Association of Criminal Defense Lawyers (TACDL). Before you decide to hire us, we explain all available legal options and fee structures upfront, with no pressure.

Tennessee Misdemeanor Classes & Penalties

Tennessee divides misdemeanors into three classes under T.C.A. § 40-35-111. The class of the charge affects the sentencing range and which diversion programs a defendant may qualify for.

Tennessee misdemeanor classifications:

  • Class A Misdemeanor: Up to 11 months and 29 days in county jail and/or a fine up to $2,500. Examples include simple assault, first-offense DUI, simple possession of a controlled substance, first-offense domestic assault, and theft of property valued at $1,000 or less.
  • Class B Misdemeanor: Up to 6 months in jail and/or a fine up to $500. Examples include reckless driving, indecent exposure, aggravated criminal trespass, and first-offense prostitution.
  • Class C Misdemeanor: Up to 30 days in jail and/or a fine up to $50. Examples include public intoxication, disorderly conduct, and minor in possession of alcohol.

Misdemeanor Cases We Handle in Memphis

Francavilla Law Firm defends the full range of misdemeanor charges. Many of these cases begin with everyday encounters: a traffic stop, a disagreement that escalated, a retail incident, or a public disturbance call. The specific court that hears the case depends on where the incident occurred and how the charge is filed.

Common misdemeanor categories we defend:

  • First-offense and repeat DUI and DWI charges
  • Simple drug possession and paraphernalia charges
  • Reckless driving and driving on a suspended license
  • Simple assault and certain domestic-related offenses
  • Shoplifting and low-value theft
  • Public intoxication and disorderly conduct

Our criminal defense practice also covers drug crimes, domestic violence, juvenile matters, and other related charges. If you’re unsure whether your charge falls within what we handle, call us and ask.

What a Misdemeanor Conviction Can Cost You Beyond Court

The sentence handed down in court is only part of the picture. A misdemeanor conviction creates a permanent criminal record that shows up on background checks run by employers, landlords, and professional licensing boards. Certain licenses in Tennessee, including those in healthcare, education, law enforcement, and financial services, can be denied, suspended, or revoked based on a conviction. For non-citizens, some misdemeanor convictions carry immigration consequences, including visa complications or deportation risk, depending on the offense and immigration status.

A conviction can also affect security clearance eligibility and certain federal employment opportunities. These long-term stakes are why decisions about diversion, plea negotiations, or taking a case to trial carry weight that goes well beyond the courtroom date on your calendar. Talking to a misdemeanor lawyer in Memphis early gives you time to understand those stakes before any decisions are made.

How Misdemeanor Cases Move Through Memphis Courts

Most misdemeanor cases in Memphis begin in Shelby County General Sessions Criminal Court, which handles a high volume of criminal matters at the Shelby County Criminal Justice Building. General Sessions doesn’t conduct jury trials. Cases either resolve there through a plea, dismissal, or diversion, or they may be bound over to Criminal Court for further proceedings. The initial appearance typically involves the court advising the defendant of the charge and rights and scheduling future dates.

Municipal courts in Bartlett, Germantown, Collierville, and other Shelby County cities handle certain local ordinance and misdemeanor matters within their jurisdictions. Tim has practiced in Memphis and surrounding county courts since 1997 and has handled cases in Tipton, Fayette, Lauderdale, and Madison counties as well. For eligible first-time offenders, defense options at the General Sessions level may include pursuing judicial diversion under T.C.A. § 40-35-313 or pre-trial diversion through the District Attorney’s Office under T.C.A. § 40-15-105. A successful diversion may preserve expungement eligibility and may keep a conviction off your record entirely.

How We Approach Your Misdemeanor Defense

We start by listening. Before we analyze evidence or outline strategy, we want to understand what happened from your perspective. From there, a defense evaluation typically involves reviewing the citation or charging documents, examining police reports and available evidence, assessing the class of offense and applicable sentencing ranges, and identifying potential weaknesses in the prosecution’s case.

Defense options can include challenging the legal basis for the stop or arrest, moving to suppress improperly obtained evidence, negotiating with prosecutors for reduced charges or alternative sentencing, or pursuing available diversion programs. Tim’s ongoing continuing legal education, including seminars on Tennessee legislative and case law updates, keeps those strategies current. Engaging a misdemeanor attorney early gives you more time to investigate, gather evidence, and evaluate every option before court deadlines arrive.

Talk to a Memphis Misdemeanor Attorney Before Your Next Court Date

The decisions made early in a misdemeanor case can affect your record, your career, and your options for years. Francavilla Law Firm serves clients throughout Memphis, Shelby County, Cordova, Germantown, Bartlett, Collierville, and surrounding communities across West Tennessee. Tim Francavilla handles each case personally, from the first call to final resolution.

To schedule a consultation with Tim directly, call us at (901) 979-9992 or reach out through our online contact form.

    "I cannot express how thankful I am for your personal guidance, professional service, and dedication."
    Phone calls and emails were always answered, and of course, the outcome was a very pleasant surprise. I felt a huge burden lifted from my shoulders and experienced a few tears of joy driving home.
    - Sam
    "Thanks for your kindness and concern with my case."
    You set the standards that every lawyer should follow!
    - John
    "Thank you for the “fresh start”"
    You did an excellent job maneuvering through this mess. Your office is very professional as well.
    - Jane
    "I really can’t thank you enough."
    I have never been in such a scary situation, and I’m so glad I finally found someone who could get me out of it.
    - Lisa
    "I was given one of the greatest gifts of my life, that of my freedom."
    The end result is that now I do have a life going forward; my professional career will not be destroyed, nor will my educational pursuit of obtaining a doctorate degree.
    - Jean
    "I am confident that I would not have been able to achieve such great results with my case if it had not have been for your hard work."
    I really appreciate you being able to turn this into a learning experience that was not detrimental to my future.
    - Stephanie

Why Choose Francavilla Law Firm?

  • I Represent Clients the Way I Would Represent Family
  • Certified in DWI Detection & Standardized Field Sobriety Testing
  • Thorough, Prepared, & Knowledgeable
  • Direct Access & Representation from Start to Finish

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