Bail Amounts by Crime in Tennessee: Misdemeanor and Felony Ranges

Tennessee does not publish a statewide schedule of bail amounts by crime, so the figure a judge sets depends on the offense class, your record, and your ties to the community. In practice, misdemeanor bail commonly runs from a few hundred dollars to a few thousand, while felony bail climbs from around $5,000 for the lowest class to $100,000 or more for the most serious. The state constitution guarantees bail for nearly every charge, with one narrow exception for capital cases where the proof is evident or the presumption great.¹

The ranges below are benchmarks drawn from how Tennessee courts commonly handle each offense class. They are not rules. A first-time defendant with steady work and family in the county may see far less; someone with prior failures to appear or open warrants will see more.

Typical Bail Ranges for Misdemeanors

Tennessee sorts misdemeanors into three classes based on maximum jail time and fine.² Bail generally tracks that hierarchy.

Class A misdemeanors (up to 11 months, 29 days; fine up to $2,500), including DUI and first-offense domestic assault: roughly $1,000 to $5,000. Domestic assault often lands at the higher end or above, especially with prior convictions or an active protective order. Repeat DUI cases also draw larger amounts.
Class B misdemeanors (up to six months; fine up to $500), including reckless driving: roughly $500 to $2,500. First-time offenders with community ties are often released on their own recognizance or on an unsecured appearance bond, with nothing paid upfront.
Class C misdemeanors (up to 30 days; fine up to $50), including public intoxication: roughly $250 to $1,000. Many first-time offenders are cited and released without ever posting bail.

Typical Bail Ranges for Felonies

Felony bail climbs steeply with the offense class. The statutory sentence spans are wide, and bail scales with them.³

Class E felonies (1 to 6 years), such as lower-value theft and forgery: roughly $5,000 to $15,000.
Class D felonies (2 to 12 years), such as burglary and mid-level drug charges: roughly $10,000 to $25,000.
Class C felonies (3 to 15 years), such as aggravated assault and high-value theft: roughly $20,000 to $50,000.
Class B felonies (8 to 30 years), such as aggravated robbery and drug trafficking: roughly $50,000 to $100,000.
Class A felonies (15 to 60 years), such as aggravated rape: usually starting at $100,000 and often exceeding $500,000. In cases involving extreme violence or a serious flight risk, bail can reach $1 million or more.

First-Degree Murder and Capital Cases

First-degree murder charged as a capital offense is the one situation where a Tennessee judge can deny bail entirely. The constitution allows denial only where the proof is evident or the presumption of guilt is great, but prosecutors routinely argue that threshold is met in capital cases, and judges often agree.¹ For first-degree murder charged non-capitally, bail may be set but amounts are extraordinarily high.

When a Clerk Sets Bail Instead of a Judge

If a judge is not available within three hours of your arrival at the jail, a court clerk can set bail. Clerks are bound by dollar ceilings that shape what first bail looks like in a lot of cases:⁴

Misdemeanor: up to $1,000
Felony not involving a crime against a person: up to $10,000
Felony involving a crime against a person: up to $50,000
Homicide: up to $100,000

A clerk can go higher only after finding the defendant is a flight risk. If your misdemeanor bail is above $1,000, a judge set it, not the clerk. Either way, you have the right to petition a circuit or criminal court judge for a reduction, and the clerk is required to tell you about that right.

What Moves the Number Up or Down

The offense class sets the ballpark; nine statutory factors decide where in that ballpark you land.⁵ The magistrate looks at how long you have lived in the community, your job and family ties, your character and mental condition, your criminal history and any prior failures to appear, the seriousness of the charge and the likely sentence, whether you would be a danger if released, whether responsible people will vouch for you, and other ties suggesting you will not flee. The statute specifically says your ability to pay bail is not supposed to be a factor.

Before setting monetary bail at all, the court is supposed to consider releasing you on your own recognizance, then recognizance with conditions, and only then a dollar amount, using the least restrictive option that will get you to court and keep the community safe.⁶ For charges like crimes against a person, sexual offenses, and violations of protection orders, only a general sessions, criminal court, or circuit court judge can grant recognizance release; a magistrate or clerk cannot do it alone.

Domestic Violence, Stalking, Child Abuse, and Elder Abuse

These charges trigger extra findings before release. The magistrate must specifically determine that the defendant is not a threat to the alleged victim, not a threat to public safety, and reasonably likely to appear. Those findings go on the record, and the court attaches protective conditions.⁷ Common conditions include:

No contact with the alleged victim by call, text, or in person
Orders to vacate or stay away from the victim’s home and workplace
A ban on possessing firearms or other weapons
A ban on alcohol and controlled substances
GPS monitoring, with the defendant paying the cost if financially able

Because of the heightened scrutiny, bail on a domestic assault charge frequently lands above the ordinary Class A misdemeanor range. Violating any condition can send you back to jail with the bond revoked.⁸

How to Actually Pay the Bail Amount

Once bail is set, Tennessee gives you four ways to satisfy it.

Cash deposit. You pay the full amount to the court clerk. Some clerks accept debit cards or mobile payments, sometimes with a processing fee. If you make every appearance, the money comes back at the end of the case, minus any fines or court costs the judge applies.⁵
Bail bondsman. You pay a nonrefundable premium and the bondsman posts a surety bond for the full amount. The premium is capped at 10% for Tennessee residents and 15% for out-of-state residents. On $10,000 bail, a Tennessee resident pays up to $1,000 and never gets it back, whatever the outcome. If the case stretches past 12 months, the bondsman can charge a renewal fee capped at 20% of the original premium, and an appeal can trigger one additional 10% premium.⁹
Real estate. You or a surety pledge Tennessee real estate with unencumbered equity worth at least 1.5 times the bail. A deed of trust is filed with the clerk and recorded, with the defendant paying the costs.
Two personal sureties. Two people vouch for you, each worth at least the full bail amount. The court or district attorney can question them about their finances.

Most families use a bondsman because coming up with tens of thousands in cash is not realistic. Just remember the premium is a fee, not a deposit. You pay it whether the case ends in acquittal, dismissal, or conviction.

Getting a High Bail Reduced

If the amount is more than you can manage, your attorney can file a motion asking the judge to lower it. Federal law backs this up: under the Eighth Amendment, bail is excessive when it is set higher than what is reasonably calculated to ensure appearance and protect public safety.¹⁰

The strongest reduction arguments track the statutory factors. Bring documentation: pay stubs or an employer letter showing steady work, a lease or mortgage showing local residence, family members willing to appear, a clean record of past court appearances, and specifics about the charge that undercut the prosecution’s flight-risk theory. That paperwork, presented at the bail hearing, is often what separates an amount you can post from one that keeps you in jail until trial.

1
Justia. Tennessee Constitution Article I – Section 15
2
Justia. Tennessee Code 40-35-111 – Authorized Terms of Imprisonment and Fines
3
Justia. Tennessee Code 40-35-112 – Sentence Ranges
4
Justia. Tennessee Code 40-11-105 – Right to Bail – Bail by Clerk – Maximum Amounts
5
Justia. Tennessee Code 40-11-118 – Execution and Deposit – Bail
6
Justia. Tennessee Code 40-11-115 – Release on Recognizance or Unsecured Appearance Bond
7
Justia. Tennessee Code 40-11-150 – Conditional Release
8
Justia. Tennessee Code 40-11-141 – Release During Trial – Revocation
9
Justia. Tennessee Code 40-11-316 – Maximum Premium
10
Constitution Annotated. Modern Doctrine on Bail