Tennessee Code Annotated
Tenn. Code Ann. § 40-35-111 (2026)
Authorized terms of imprisonment and fines for felonies and misdemeanors
✓ current as of May 2026
- (a) A sentence for a felony is a determinate sentence.
- (b) The authorized terms of imprisonment and fines for felonies are:
- (1) Class A felony, not less than fifteen (15) nor more than sixty (60) years. In addition, the jury may assess a fine not to exceed fifty thousand dollars ($50,000), unless otherwise provided by statute;
- (2) Class B felony, not less than eight (8) nor more than thirty (30) years. In addition, the jury may assess a fine not to exceed twenty-five thousand dollars ($25,000), unless otherwise provided by statute;
- (3) Class C felony, not less than three (3) years nor more than fifteen (15) years. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute;
- (4) Class D felony, not less than two (2) years nor more than twelve (12) years. In addition, the jury may assess a fine not to exceed five thousand dollars ($5,000), unless otherwise provided by statute; and
- (5) Class E felony, not less than one (1) year nor more than six (6) years. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute.
- (c)
- (1) A sentence to pay a fine, when imposed on a corporation for an offense defined in title 39 or for any offense defined in any other title for which no special corporate fine is specified, is a sentence to pay an amount, not to exceed:
- (A) Three hundred fifty thousand dollars ($350,000) for a Class A felony;
- (B) Three hundred thousand dollars ($300,000) for a Class B felony;
- (C) Two hundred fifty thousand dollars ($250,000) for a Class C felony;
- (D) One hundred twenty-five thousand dollars ($125,000) for a Class D felony; and
- (E) Fifty thousand dollars ($50,000) for a Class E felony.
- (2) If a special fine for a corporation is expressly specified in the statute that defines an offense, the fine fixed shall be within the limits specified in the statute.
- (1) A sentence to pay a fine, when imposed on a corporation for an offense defined in title 39 or for any offense defined in any other title for which no special corporate fine is specified, is a sentence to pay an amount, not to exceed:
- (d) A sentence for a misdemeanor is a determinate sentence.
- (e) The authorized terms of imprisonment and fines for misdemeanors are:
- (1) Class A misdemeanor, not greater than eleven (11) months, twenty-nine (29) days or a fine not to exceed two thousand five hundred dollars ($2,500), or both, unless otherwise provided by statute;
- (2) Class B misdemeanor, not greater than six (6) months or a fine not to exceed five hundred dollars ($500), or both, unless otherwise provided by statute; and
- (3) Class C misdemeanor, not greater than thirty (30) days or a fine not to exceed fifty dollars ($50.00), or both, unless otherwise provided by statute.
- (f) In order to furnish the general assembly with information necessary to make an informed determination as to whether the increase in the cost of living and changes in income for residents of Tennessee has resulted in the minimum and maximum authorized fine ranges no longer being commensurate with the amount of fine deserved for the offense committed, every five (5) years, on or before January 15, the fiscal review committee shall report to the chief clerks of the senate and the house of representatives of the general assembly the percentage of change in the average consumer price index (all items-city average) as published by the United States department of labor, bureau of labor statistics and shall inform the general assembly what the statutory minimum and maximum authorized fine for each offense classification would be if adjusted to reflect the compounded cost-of-living increases during the five-year period.
Acts 1989, ch. 591, § 6; 2007, ch. 61, § 1.
Notes of Decisions
Cited in 348
cases (36 in the last 5 years), 1983–2026 · leading case: State v. Rhoden, 739 S.W.2d 6 (Tenn. Crim. App. 1987).
State v. Rhoden, 739 S.W.2d 6 (Tenn. Crim. App. 1987). “T.C.A. § 40-35-111(1). The appellant has been convicted of a previous felony, arrested on numerous occasions according to his own admission, and he is wanted in other areas of the United States for the commission of felony offenses.”
State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 40-35-111. The defendant’s criminal record was placed into evidence during the sentencing hearing.”
State v. Lambert, 741 S.W.2d 127 (Tenn. Crim. App. 1987). “In arriving at a determinate sentence within the permissible range the trial judge must apply the sentencing considerations set forth in TCA § 40-35-103, the eviden-tiary requirements of TCA § 40-35-210(b), the relevant enhancement factors set forth in TCA § 40-35-111, and…”
State v. Moss, 727 S.W.2d 229 (Tenn. 1986). “” T.C.A. § 40-35-111(10). Mitigating and enhancement factors are not assigned any particularized weight or value because each may carry differing degrees of weight depending on all of the circumstances of the defendant and the crime itself.”
Thomas v. Haslam, 303 F. Supp. 3d 585 (M.D. Tenn. 2018). “Tenn. Code Ann. §§ 40-35-111 (e)(2), 55-50-504(a)(1).”
State v. Haynes, 720 S.W.2d 76 (Tenn. Crim. App. 1986). “TCA § 40-35-111. The only mitigating factors in the appellant’s favor are his youth, (nineteen years of age), TCA § 40-35-110(7), and his low IQ, (77), TCA § 40-35-110(13) (the catchall provision).”
State v. Thomas, 755 S.W.2d 838 (Tenn. Crim. App. 1988). “T.C.A. § 40-35-111(1). The defendant has been convicted of driving while under the influence on two occasions, a violation of the driving license laws, and he has had several arrests and prosecutions, which were apparently retired.”
Steven Waters v. Reagan Farr, Comm'r of Revenue for the State of Tennessee, 291 S.W.3d 873 (Tenn. 2009). “2004); Tenn. Code Ann. § 40-35-111 (b)(1) (2003).”
State v. Hammons, 737 S.W.2d 549 (Tenn. Crim. App. 1987). “T.C.A. § 40-35-111. This Court finds the appellant lacks the characteristics, traits and desire necessary for one to rehabilitate himself.”
State v. Carter, 254 S.W.3d 335 (Tenn. 2008). “Tenn.Code Ann. § 40-35-111(e)(2) (2006). We order the trial court to correct the judgment document accordingly to reflect a sentence of six months.”
State v. Turner, 193 S.W.3d 522 (Tenn. 2006). “In support of this contention, he cites the provided penalties for conviction of a Class A misdemeanor: (e) The authorized terms of imprisonment and fines for misdemeanors are: (1) Class A misdemeanor, not greater than eleven (11) months twenty-nine days (29) days or a fine not…”
State v. Wyrick, 62 S.W.3d 751 (Tenn. Crim. App. 2001). “The defendant argues that the violent offender statute is not a recidivist statute and that sections 40-35-111 and -112 of the code encompass recidivism while section 40-35-120 deals with prior convictions for specific offenses.”
— Tenn. Code Ann. § 40-35-111(1) — 23 cases
State v. Rhoden, 739 S.W.2d 6 (Tenn. Crim. App. 1987). “T.C.A. § 40-35-111(1). The appellant has been convicted of a previous felony, arrested on numerous occasions according to his own admission, and he is wanted in other areas of the United States for the commission of felony offenses.”
State v. Thomas, 755 S.W.2d 838 (Tenn. Crim. App. 1988). “T.C.A. § 40-35-111(1). The defendant has been convicted of driving while under the influence on two occasions, a violation of the driving license laws, and he has had several arrests and prosecutions, which were apparently retired.”
State v. Buttrey, 756 S.W.2d 718 (Tenn. Crim. App. 1988).
State v. Haynes, 720 S.W.2d 76 (Tenn. Crim. App. 1986). “TCA § 40-35-111. The only mitigating factors in the appellant’s favor are his youth, (nineteen years of age), TCA § 40-35-110(7), and his low IQ, (77), TCA § 40-35-110(13) (the catchall provision).”
State v. Massey, 757 S.W.2d 350 (Tenn. Crim. App. 1988).
— Tenn. Code Ann. § 40-35-111(10) — 13 cases
State v. Moss, 727 S.W.2d 229 (Tenn. 1986). “” T.C.A. § 40-35-111(10). Mitigating and enhancement factors are not assigned any particularized weight or value because each may carry differing degrees of weight depending on all of the circumstances of the defendant and the crime itself.”
State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 40-35-111. The defendant’s criminal record was placed into evidence during the sentencing hearing.”
State v. Lambert, 741 S.W.2d 127 (Tenn. Crim. App. 1987). “In arriving at a determinate sentence within the permissible range the trial judge must apply the sentencing considerations set forth in TCA § 40-35-103, the eviden-tiary requirements of TCA § 40-35-210(b), the relevant enhancement factors set forth in TCA § 40-35-111, and…”
State v. Thomas, 755 S.W.2d 838 (Tenn. Crim. App. 1988). “T.C.A. § 40-35-111(1). The defendant has been convicted of driving while under the influence on two occasions, a violation of the driving license laws, and he has had several arrests and prosecutions, which were apparently retired.”
State v. Avery, 818 S.W.2d 365 (Tenn. Crim. App. 1991).
— Tenn. Code Ann. § 40-35-111(2) — 4 cases
State v. Seals, 735 S.W.2d 849 (Tenn. Crim. App. 1987).
Williams v. State, 757 So. 2d 953 (Miss. 1999).
State v. Massey, 757 S.W.2d 350 (Tenn. Crim. App. 1988).
State v. Warren, 750 S.W.2d 751 (Tenn. Crim. App. 1988).
— Tenn. Code Ann. § 40-35-111(3) — 5 cases
State v. Lambert, 741 S.W.2d 127 (Tenn. Crim. App. 1987). “In arriving at a determinate sentence within the permissible range the trial judge must apply the sentencing considerations set forth in TCA § 40-35-103, the eviden-tiary requirements of TCA § 40-35-210(b), the relevant enhancement factors set forth in TCA § 40-35-111, and…”
State v. Seals, 735 S.W.2d 849 (Tenn. Crim. App. 1987).
State v. Birge, 792 S.W.2d 723 (Tenn. Crim. App. 1990).
State v. Massey, 757 S.W.2d 350 (Tenn. Crim. App. 1988).
State v. Farner (Tenn. Crim. App. 1998).
— Tenn. Code Ann. § 40-35-111(4) — 9 cases
State v. Rhoden, 739 S.W.2d 6 (Tenn. Crim. App. 1987). “T.C.A. § 40-35-111(1). The appellant has been convicted of a previous felony, arrested on numerous occasions according to his own admission, and he is wanted in other areas of the United States for the commission of felony offenses.”
State v. Thomas, 755 S.W.2d 838 (Tenn. Crim. App. 1988). “T.C.A. § 40-35-111(1). The defendant has been convicted of driving while under the influence on two occasions, a violation of the driving license laws, and he has had several arrests and prosecutions, which were apparently retired.”
State v. Haynes, 720 S.W.2d 76 (Tenn. Crim. App. 1986). “TCA § 40-35-111. The only mitigating factors in the appellant’s favor are his youth, (nineteen years of age), TCA § 40-35-110(7), and his low IQ, (77), TCA § 40-35-110(13) (the catchall provision).”
State v. Lambert, 741 S.W.2d 127 (Tenn. Crim. App. 1987). “In arriving at a determinate sentence within the permissible range the trial judge must apply the sentencing considerations set forth in TCA § 40-35-103, the eviden-tiary requirements of TCA § 40-35-210(b), the relevant enhancement factors set forth in TCA § 40-35-111, and…”
State v. Butler, 900 S.W.2d 305 (Tenn. Crim. App. 1994).
— Tenn. Code Ann. § 40-35-111(5) — 7 cases
State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 40-35-111. The defendant’s criminal record was placed into evidence during the sentencing hearing.”
State v. Haynes, 720 S.W.2d 76 (Tenn. Crim. App. 1986). “TCA § 40-35-111. The only mitigating factors in the appellant’s favor are his youth, (nineteen years of age), TCA § 40-35-110(7), and his low IQ, (77), TCA § 40-35-110(13) (the catchall provision).”
State v. Hammons, 737 S.W.2d 549 (Tenn. Crim. App. 1987). “T.C.A. § 40-35-111. This Court finds the appellant lacks the characteristics, traits and desire necessary for one to rehabilitate himself.”
State v. Witherspoon, 769 S.W.2d 880 (Tenn. Crim. App. 1988).
State of Tennessee v. Arbra Allen Sims III (Tenn. Crim. App. 2019).
— Tenn. Code Ann. § 40-35-111(6) — 9 cases
State v. Thomas, 755 S.W.2d 838 (Tenn. Crim. App. 1988). “T.C.A. § 40-35-111(1). The defendant has been convicted of driving while under the influence on two occasions, a violation of the driving license laws, and he has had several arrests and prosecutions, which were apparently retired.”
State v. Lambert, 741 S.W.2d 127 (Tenn. Crim. App. 1987). “In arriving at a determinate sentence within the permissible range the trial judge must apply the sentencing considerations set forth in TCA § 40-35-103, the eviden-tiary requirements of TCA § 40-35-210(b), the relevant enhancement factors set forth in TCA § 40-35-111, and…”
State v. Bilbrey, 816 S.W.2d 71 (Tenn. Crim. App. 1991).
State v. Max, 714 S.W.2d 289 (Tenn. Crim. App. 1986).
State v. Morris, 750 S.W.2d 746 (Tenn. Crim. App. 1987).
— Tenn. Code Ann. § 40-35-111(7) — 8 cases
State v. Rhoden, 739 S.W.2d 6 (Tenn. Crim. App. 1987). “T.C.A. § 40-35-111(1). The appellant has been convicted of a previous felony, arrested on numerous occasions according to his own admission, and he is wanted in other areas of the United States for the commission of felony offenses.”
State v. Moss, 727 S.W.2d 229 (Tenn. 1986). “” T.C.A. § 40-35-111(10). Mitigating and enhancement factors are not assigned any particularized weight or value because each may carry differing degrees of weight depending on all of the circumstances of the defendant and the crime itself.”
State v. David E. Walton, Jr., 958 S.W.2d 724 (Tenn. 1997).
State v. Edwards, 868 S.W.2d 682 (Tenn. Crim. App. 1993). “Tenn.Code Ann. § 40-35-111. The defendant’s criminal record was placed into evidence during the sentencing hearing.”
State v. Hammons, 737 S.W.2d 549 (Tenn. Crim. App. 1987). “T.C.A. § 40-35-111. This Court finds the appellant lacks the characteristics, traits and desire necessary for one to rehabilitate himself.”
— Tenn. Code Ann. § 40-35-111(8) — 2 cases
State v. Rhoden, 739 S.W.2d 6 (Tenn. Crim. App. 1987). “T.C.A. § 40-35-111(1). The appellant has been convicted of a previous felony, arrested on numerous occasions according to his own admission, and he is wanted in other areas of the United States for the commission of felony offenses.”
State v. Bush, 747 S.W.2d 358 (Tenn. Crim. App. 1988).
— Tenn. Code Ann. § 40-35-111(9) — 5 cases
State v. Butler, 900 S.W.2d 305 (Tenn. Crim. App. 1994).
State v. Max, 714 S.W.2d 289 (Tenn. Crim. App. 1986).
State v. Witherspoon, 769 S.W.2d 880 (Tenn. Crim. App. 1988).
State v. Warren, 750 S.W.2d 751 (Tenn. Crim. App. 1988).
State v. Farner (Tenn. Crim. App. 1998).
— Tenn. Code Ann. § 40-35-111(a) — 2 cases
State of Tennessee v. Harley Crosland - Dissent (Tenn. Crim. App. 2018).
State of Tennessee v. Alfonso Thomas Peck (Tenn. Crim. App. 2024).
— Tenn. Code Ann. § 40-35-111(a)(3) — 3 cases
McChristian v. State, 159 S.W.3d 608 (Tenn. Crim. App. 2004).
State of Tennessee v. Ramon Luis Hernandez, Jr. (Tenn. Crim. App. 2020).
Robert McChristian v. State of Tennessee (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 40-35-111(a)(4) — 1 case
State of Tennessee v. Ronnie Paul Trusty (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-35-111(a)(5) — 1 case
Anthony C. Long v. Tony Parker, Warden (Tenn. Crim. App. 2004).
— Tenn. Code Ann. § 40-35-111(b) — 5 cases
Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010).
Vaughn Harris v. State of Tennessee (Tenn. Crim. App. 2024).
Terrance Lavar Davis v. State of Tennessee - Concurring (Tenn. 2010).
State of Tennessee v. Ashley N. Menke (Tenn. 2019).
State of Tennessee v. Alvin Ray Taylor (Tenn. Crim. App. 2001).
— Tenn. Code Ann. § 40-35-111(b)(1) — 22 cases
Steven Waters v. Reagan Farr, Comm'r of Revenue for the State of Tennessee, 291 S.W.3d 873 (Tenn. 2009). “2004); Tenn. Code Ann. § 40-35-111 (b)(1) (2003).”
Terrance Lavar Davis v. State of Tennessee, 313 S.W.3d 751 (Tenn. 2010).
State v. Smith, 48 S.W.3d 159 (Tenn. Crim. App. 2000).
State of Tennessee v. Timothy Prink (Tenn. Crim. App. 2022).
Keith T. Perry v. Glen Turner, Warden (Tenn. Crim. App. 2008).
— Tenn. Code Ann. § 40-35-111(b)(2) — 12 cases
Juan Alberto Blanco Garcia v. State of Tennessee, 425 S.W.3d 248 (Tenn. 2013).
Calvin Eugene BRYANT v. STATE of Tennessee, 460 S.W.3d 513 (Tenn. 2015).
State of Tennessee v. Perry Mitchell Kirkman (Tenn. Crim. App. 2017).
State of Tennessee v. Michael Harris (Tenn. Crim. App. 2017).
State of Tennessee v. Jerry Wade Sherrill (Tenn. Crim. App. 2018).
— Tenn. Code Ann. § 40-35-111(b)(3) — 14 cases
State v. Fields, 40 S.W.3d 435 (Tenn. 2001).
Terrance N. CARTER v. Rickey BELL, 279 S.W.3d 560 (Tenn. 2009).
State of Tennessee v. Perry A. March, 293 S.W.3d 576 (Tenn. Crim. App. 2008).
McChristian v. State, 159 S.W.3d 608 (Tenn. Crim. App. 2004).
State v. Henry, 834 S.W.2d 273 (Tenn. 1992).
— Tenn. Code Ann. § 40-35-111(b)(4) — 5 cases
State v. Dycus, 456 S.W.3d 918 (Tenn. 2014).
Wassom v. State Farm Mut. Auto. Ins. Co., 173 S.W.3d 775 (Tenn. Ct. App. 2005).
State of Tennessee v. David Lassiter (Tenn. Crim. App. 2019).
State of Tennessee v. Denton Jones (Tenn. Crim. App. 2019).
State of Tennessee v. Shanice L. Dycus (Tenn. 2015).
— Tenn. Code Ann. § 40-35-111(b)(4)(5) — 1 case
United States v. Doyle, 678 F.3d 429 (6th Cir. 2012).
— Tenn. Code Ann. § 40-35-111(b)(5) — 16 cases
State v. Ricci, 914 S.W.2d 475 (Tenn. 1996).
Juan Alberto Blanco Garcia v. State of Tennessee, 425 S.W.3d 248 (Tenn. 2013).
State v. Hayes, 894 S.W.2d 298 (Tenn. Crim. App. 1994).
State of Tennessee v. David Lassiter (Tenn. Crim. App. 2019).
State of Tennessee Guy Willie Toles (Tenn. Crim. App. 2025).
— Tenn. Code Ann. § 40-35-111(c) — 1 case
State of Tennessee v. Gary Wayne Armstrong (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-35-111(c)(4) — 1 case
Jeremy Flax v. Daimler-Chrysler Corp., 272 S.W.3d 521 (Tenn. 2008).
— Tenn. Code Ann. § 40-35-111(d) — 1 case
Stephanie Nichole Lee v. Christopher Cornell Eskridge (Tenn. Ct. App. 2016).
— Tenn. Code Ann. § 40-35-111(d)(1) — 2 cases
McChristian v. State, 159 S.W.3d 608 (Tenn. Crim. App. 2004).
State of Tennessee v. Beau Clayton Epperson (Tenn. Crim. App. 2013).
— Tenn. Code Ann. § 40-35-111(e) — 10 cases
State v. Palmer, 902 S.W.2d 391 (Tenn. 1995).
City of White House v. Whitley, 979 S.W.2d 262 (Tenn. 1998).
State v. Godsey, 165 S.W.3d 667 (Tenn. Crim. App. 2004).
State of Tennessee v. Kenneth Hayes (Tenn. Crim. App. 2011).
State of Tennessee v. Richard Ferrell (Tenn. Crim. App. 2010).
— Tenn. Code Ann. § 40-35-111(e)(1) — 38 cases
State v. Turner, 193 S.W.3d 522 (Tenn. 2006). “In support of this contention, he cites the provided penalties for conviction of a Class A misdemeanor: (e) The authorized terms of imprisonment and fines for misdemeanors are: (1) Class A misdemeanor, not greater than eleven (11) months twenty-nine days (29) days or a fine not…”
Brown v. Tennessee Title Loans, Inc., 328 S.W.3d 850 (Tenn. 2010).
State v. Lewis, 978 S.W.2d 558 (Tenn. Crim. App. 1997).
Juan Alberto Blanco Garcia v. State of Tennessee, 425 S.W.3d 248 (Tenn. 2013).
State v. Winfield, 23 S.W.3d 279 (Tenn. 2000).
— Tenn. Code Ann. § 40-35-111(e)(2) — 8 cases
State v. Carter, 254 S.W.3d 335 (Tenn. 2008). “Tenn.Code Ann. § 40-35-111(e)(2) (2006). We order the trial court to correct the judgment document accordingly to reflect a sentence of six months.”
State v. Keller, 813 S.W.2d 146 (Tenn. Crim. App. 1991).
State v. Hicks, 848 S.W.2d 69 (Tenn. Crim. App. 1992).
State of Tennessee v. Nathaniel Shawn Declue (Tenn. Crim. App. 2021).
State of Tennessee v. Charles Phillip Maxwell (Tenn. Crim. App. 2011).
— Tenn. Code Ann. § 40-35-111(e)(3) — 6 cases
State of Tennessee v. Bradley Darrin Williams (Tenn. Crim. App. 2016).
State of Tennessee v. Linzey Danielle Smith (Tenn. Crim. App. 2015).
State of Tennessee v. Devin Lamar Jamison (Tenn. Crim. App. 2016).
Reginald M. Younger v. Kibreab Kidane Okbahhanes (Tenn. Ct. App. 2021).
State of Tennessee v. Leston Parker (Tenn. Crim. App. 2012).
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