Bail Amounts by Crime in Tennessee: Misdemeanor and Felony Ranges

Bail amounts by crime in Tennessee aren’t fixed by a statewide schedule. Judges set the figure case by case, but in practice misdemeanor bail usually runs from a few hundred dollars up to about $5,000, while felony bail climbs from roughly $5,000 on the low end to $100,000 or more for the most serious offenses. Where your number lands within those ranges depends on the specific charge, your criminal history, your ties to the community, and whether a clerk or a judge is doing the setting.¹

Typical Bail Ranges for Misdemeanors

Tennessee splits misdemeanors into three classes, and bail generally tracks the severity of the class.²

Class A misdemeanors (up to 11 months and 29 days in jail, fine up to $2,500): bail generally runs $1,000 to $5,000. Domestic assault and DUI fall here, and both routinely sit at the higher end, especially for repeat offenses or when a protective order is active.
Class B misdemeanors (up to six months, fine up to $500): roughly $500 to $2,500. Reckless driving is a common example. First-time defendants with community ties are often released on their own recognizance.
Class C misdemeanors (up to 30 days, fine up to $50): typically $250 to $1,000. Public intoxication is the standard example, and many defendants receive a citation and never need to post bail at all.

These are general ranges, not rules. Any individual case can land outside them.

Typical Bail Ranges for Felonies

Felony bail rises steeply with the offense class. Tennessee has five felony classes with sentence spans that give you a sense of how seriously each is treated:³

Class E felonies (1 to 6 years): roughly $5,000 to $15,000. Lower-value theft and forgery are typical charges.
Class D felonies (2 to 12 years): generally $10,000 to $25,000. Burglary and mid-level drug offenses fit here.
Class C felonies (3 to 15 years): often $20,000 to $50,000. Aggravated assault and high-value theft are common.
Class B felonies (8 to 30 years): typically $50,000 to $100,000. Aggravated robbery and drug trafficking fall in this class.
Class A felonies (15 to 60 years, or life for first-degree murder): usually $100,000 and up, sometimes exceeding $500,000. In cases involving extreme violence or a defendant considered a serious flight risk, bail can reach $1 million or more. Aggravated rape is a Class A offense.

A clean record and strong community ties can push a figure well below these benchmarks. Outstanding warrants or a history of skipping court will push it above.

When Bail Can Be Denied Entirely

The Tennessee Constitution guarantees bail for nearly every charge. The one exception is a capital offense where the proof is evident or the presumption of guilt is great.⁴ In practice, prosecutors in capital first-degree murder cases regularly argue the evidence clears that threshold, and judges often agree. For non-capital first-degree murder, bail may be set, but amounts are extraordinarily high.

What Moves Your Bail Up or Down

When a judge sets bail, the statute requires weighing nine factors:¹ how long you’ve lived in the community, your employment and financial history, your family ties, your character and mental condition, your criminal and court-appearance history, the nature of the offense and likely sentence, whether you pose a danger to the community, whether responsible people will vouch for you (a single person can vouch for no more than two defendants at a time), and any other ties showing you are unlikely to flee. The statute specifically says your ability to pay bail is not supposed to be one of those factors.

Before setting a dollar amount at all, the magistrate is required to consider release on personal recognizance first, then release on recognizance with conditions, and only then monetary bail. The rule is to use the least restrictive option that will reasonably ensure you appear and that the community stays safe.⁵ 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.

When a Clerk Sets Bail Instead of a Judge

If a judge is unavailable and not expected within three hours of your arrival at jail, a court clerk can set bail, but the statute puts hard caps on how much the clerk can impose:⁶

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 exceed those caps only if you are deemed a flight risk under the statutory factors. If the clerk’s number feels too high, you have the right to petition a judge for a reduction, and the clerk is required to tell you so.

Domestic Violence and Related Charges

Charges involving domestic violence, child abuse, stalking, and elder abuse trigger extra scrutiny. Before releasing you, the magistrate must specifically determine on the record that you are not a threat to the alleged victim, not a threat to public safety, and reasonably likely to appear.⁷ Common attached conditions include no-contact orders, orders to stay away from the victim’s home and workplace, a firearms ban, an alcohol and controlled-substances ban, and GPS monitoring (which you pay for if you can afford it). Because of this heightened scrutiny, bail for domestic assault frequently lands above the ordinary Class A misdemeanor range. Violating any of these conditions can lead to immediate re-arrest and bond revocation.

Paying the Bail Amount

The number on the bail order is not necessarily what comes out of your pocket. Tennessee allows four ways to satisfy bail:

Cash deposit: You pay the full amount to the court clerk. If you make all appearances, the money is returned at the end of the case, minus any fines or costs the judge applies.¹
Bail bondsman: You pay a nonrefundable premium capped at 10% of the bail for Tennessee residents and 15% for out-of-state residents, and the bondsman posts a surety bond for the full amount. On a $10,000 bond, a Tennessee resident would pay up to $1,000, and that money is gone regardless of whether the case ends in dismissal, acquittal, or conviction. If the case runs beyond 12 months, the bondsman can charge a renewal fee capped at 20% of the original premium, and an appeal allows one additional 10% premium.⁸
Real estate: You or a surety can pledge Tennessee real estate with unencumbered equity worth at least 1.5 times the bail amount. A deed of trust is filed and recorded, and you pay the associated 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.

The bondsman route is by far the most common, because most families can’t produce tens of thousands of dollars in cash. Just remember the premium is the price of the service, not a deposit you’ll get back.

Getting an Excessive Bail Amount Reduced

Under the Eighth Amendment, bail is “excessive” when it is set higher than reasonably needed to ensure your appearance and protect public safety.⁹ If a clerk set your bail, you can petition the circuit or criminal court judge for a reduction.⁶ If a judge set it, your attorney can file a motion arguing the amount exceeds what is reasonably necessary.

The arguments that tend to work are built around the statutory factors: steady employment, family in the area, no history of missed court dates, and the specific circumstances of the charge. Bringing documentation of those ties into the hearing is often the difference between a figure you can manage and one that keeps you in custody until trial.

1
Justia. Tennessee Code 40-11-118 – Execution and Deposit – Bail
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 Constitution Article I – Section 15
5
Justia. Tennessee Code 40-11-115 – Release on Recognizance or Unsecured Appearance Bond
6
Justia. Tennessee Code 40-11-105 – Right to Bail – Bail by Clerk – Maximum Amounts
7
Justia. Tennessee Code 40-11-150 – Conditional Release
8
Justia. Tennessee Code 40-11-316 – Maximum Premium
9
Constitution Annotated. Modern Doctrine on Bail