Criminal Defense Law: An Overview
Criminal defense law is the legal practice area focused on defending individuals and organizations charged with criminal offenses. A criminal defense attorney protects the rights of the accused, ensures due process is followed, and works to achieve the best possible outcome, whether through dismissal, reduced charges, plea agreements, or acquittal at trial.
Core Concepts of Criminal Defense
Understanding the criminal justice process and defense strategies is essential:
Constitutional Rights Protection: Defense attorneys ensure that their clients’ Fourth Amendment (protection against unreasonable search and seizure), Fifth Amendment (right against self-incrimination), and Sixth Amendment (right to counsel) protections are upheld.
Key Focus: Challenging evidence obtained through illegal searches, protecting against coerced confessions, and ensuring fair trial proceedings.
Types of Criminal Charges:
Misdemeanors: Less serious offenses punishable by up to 11 months and 29 days in jail, fines, or probation (examples: DUI first offense, simple assault, petty theft).
Felonies: Serious crimes punishable by one year or more in state prison (examples: aggravated assault, drug trafficking, robbery, murder).
Defense Strategies: Attorneys may challenge the prosecution’s evidence, establish alibis, argue self-defense, negotiate plea deals, or present mitigating circumstances to reduce sentencing.
Top 3 Criminal Defense Lawyers in Nashville, TN
1. Sherwood Boutique Litigation, PLC
Best For: Personalized attention on criminal defense and civil litigation with a focus on storytelling and aggressive advocacy.
Philosophy: “Whoever tells the best story, wins.” Believes in providing clients with the most prepared attorneys in the courtroom. Emphasizes thorough research of facts and law, with a focus on making the client’s voice heard even when they cannot speak.
Services:
Violent Crimes: Simple assault, aggravated assault, domestic assault, and sexual assault.
Drug Crimes: Possession, distribution, and manufacturing charges.
White Collar Crimes: Bank fraud, embezzlement, and financial crimes.
DUI/DWI Defense: First offense through multiple offenses.
Orders of Protection: Defense and filing.
Probation Violations and Juvenile Crimes.
Civil Litigation: Cases with underlying criminal elements.
Location: 201 4th Ave N, Suite 1130, Nashville, TN 37219 (Downtown Nashville).
Contact: (615) 873-5670 | nashvillelegaldefense.com
Pricing: Free initial consultation. Contact for fee structure. Serves Davidson, Williamson, Rutherford, Sumner, Dickson, and Cheatham counties.
Notable: Founded by Cynthia Sherwood, Vanderbilt Law graduate with 20+ years of experience. Featured by Forbes as one of Nashville’s best criminal defense lawyers. AV Preeminent rated by Martindale-Hubbell.
2. May and McKinney, PLLC
Best For: Holistic criminal defense approach that addresses root causes and ensures clients’ futures are protected.
Philosophy: “We Don’t Just Handle Cases, We Fight to Ensure Our Clients’ Futures.” Represents “good people who have had a bad day.” Takes a holistic approach to understand why events occurred and works to help clients make better choices going forward.
Services:
DUI/DWI Defense: First offense through felony DUI, license issues.
Drug Crimes: Possession, trafficking, and manufacturing charges.
Violent Crimes: Assault, domestic violence, and murder cases.
Theft Crimes: Shoplifting through grand larceny.
Probation and Parole Violations.
Weapons Offenses.
Expungements: Record clearing when eligible.
Federal Crimes: Federal court representation.
Location: 214 Second Ave N, Suite 400, Nashville, TN 37201 (Downtown Nashville).
Contact: (615) 265-6383 | mckinneylawfirm.com
Pricing: Free strategy session/consultation. Almost 80 years of collective legal experience among the team. Contact for fee information.
Notable: Team includes former prosecutors who understand both sides of criminal cases. Uses mock juries to evaluate and strengthen defense strategies. Serves all Middle Tennessee counties.
3. Law Office of Bryan Stephenson
Best For: Personalized criminal defense from a former Nashville prosecutor with extensive experience in DUI and misdemeanor cases.
Philosophy: “Effective representation means taking care of clients without needless litigation, time, and expense.” Provides straightforward legal counsel and leverages insider knowledge from prosecutorial experience to achieve optimal outcomes.
Services:
DUI Defense: First offense through multiple offenses, implied consent violations.
Drug Charges: Possession and drug-related offenses.
Assault and Domestic Violence: Misdemeanor and felony charges.
Theft Crimes: Shoplifting, theft, and burglary.
Alcohol-Related Crimes: Public intoxication and related offenses.
Probation Violations.
Felony Expungement: Record clearing services.
Location: 2021 Richard Jones Road, Suite 150E, Nashville, TN 37215 (Green Hills area).
Contact: (615) 515-5110 | middletnlaw.com
Pricing: Free consultation. Contact for fee structure. 20+ years of legal experience.
- Notable: Former Assistant District Attorney for Davidson County (started 2004). Native Tennessean practicing throughout Middle Tennessee. Super Lawyers recognition. Highly rated for responsiveness and client communication.
Frequently Asked Questions (FAQ)
1. What should I do immediately after being arrested in Nashville?
Remain calm and exercise your right to remain silent beyond providing basic identification information. Do not discuss your case with police without an attorney present. Contact a criminal defense attorney as soon as possible, ideally before any questioning. Avoid posting about your arrest on social media. Write down everything you remember about the incident while details are fresh. If released on bond, follow all conditions carefully and show up for all court dates.
2. What is the difference between a misdemeanor and a felony in Tennessee?
In Tennessee, a misdemeanor is a less serious offense punishable by up to 11 months and 29 days in county jail, fines up to $2,500 (Class A misdemeanor), and possible probation. Examples include simple assault, DUI first offense, and petty theft. A felony is a more serious crime punishable by one year or more in state prison, with higher fines and lasting consequences such as loss of voting rights and firearm restrictions. Examples include aggravated assault, drug trafficking, burglary, and murder.
3. How much does a criminal defense attorney cost in Nashville?
Attorney fees vary based on the complexity of the case, the attorney’s experience, and whether the case goes to trial. Simple misdemeanor cases may range from $1,500 to $5,000, while serious felony cases can cost $10,000 to $50,000 or more. Most Nashville criminal defense attorneys offer free initial consultations. Some offer payment plans or flat-fee arrangements. Public defenders are available for those who cannot afford private counsel.
4. Can a criminal record be expunged in Tennessee?
Tennessee allows expungement (record clearing) for certain eligible offenses. You may be eligible to expunge dismissed charges, cases where you were found not guilty, certain misdemeanors after waiting periods, and some non-violent felonies. Not all offenses qualify, and eligibility depends on your criminal history and the specific charges. An attorney can review your record and advise on expungement options. The process involves filing a petition with the court.
5. What happens if I am charged with DUI in Nashville?
A DUI charge in Tennessee triggers both criminal proceedings and administrative license consequences. Upon arrest, your license may be suspended for refusing or failing a breath test. First offense DUI is a Class A misdemeanor carrying 48 hours to 11 months and 29 days in jail, fines of $350 to $1,500, license revocation for one year, and possible ignition interlock requirements. Penalties increase significantly for subsequent offenses. An experienced DUI attorney can challenge the traffic stop, field sobriety tests, and breathalyzer results.