Tennessee is imposing tougher criminal penalties for certain cases of child abuse—a change that will greatly impact how these cases are charged, prosecuted, and punished. A new law has passed that eliminates misdemeanor treatment for child abuse involving injury to older children. As of July 1, 2025, anyone accused of causing injury to a child between the ages of 9 and 17 could now face felony charges.
Our criminal defense attorneys understand the fear and uncertainty that comes with being accused of harming a child. In this blog, we’ll break down the new changes to the law, why lawmakers pushed for harsher penalties, and what you need to know if you have been accused under Tennessee’s new felony child abuse statute.
What Changed in the Law?
Before this year, Tennessee law treated certain child abuse cases as misdemeanors—even when they involved injury. Specifically, under Tennessee Code Annotated § 39‑15‑401(a), harming a child aged 9 to 17 in a way that caused injury was classified as a Class A misdemeanor. That meant the maximum penalty was 11 months and 29 days in jail and a fine up to $2,500.
But as of July 1, 2025, everything changes. Under Public Chapter 472 (2025), passed by the Tennessee General Assembly and signed into law by Governor Lee, child abuse involving injury to a child aged 9 to 17 will now be charged as a Class E felony instead of a misdemeanor.
This shift from misdemeanor to felony drastically raises the stakes for anyone accused of harming a minor—even in cases involving relatively minor injuries. A Class E felony in Tennessee carries one to six years in prison, higher fines, and the life-altering consequences of a felony conviction on your record.
Why Did the Law Change?
Lawmakers in Tennessee believed the existing penalties for harming older children didn’t go far enough to protect minors from abuse. While the previous law treated injury to a child aged 9 to 17 as only a misdemeanor, legislators and child safety advocates argued that any physical harm to a minor—regardless of age—deserved a stronger legal response.
Supporters of the new law felt that misdemeanor penalties often fell short, allowing defendants to avoid significant consequences even in cases where a child suffered injuries. By raising the offense to a Class E felony, the legislature aimed to send a clearer message that causing harm to a child is a serious crime that can lead to prison time and long-lasting consequences.
While the intent is to enhance child protection, the new law also raises the stakes for anyone accused—especially in cases where the facts are disputed or the injury is minor. That makes understanding the statute and mounting a prompt, strategic defense more critical than ever.
What Is a Class E Felony in Tennessee?
Under Tennessee law, felonies are categorized from Class A (the most severe) to Class E (the least severe felony class). Even though Class E felonies carry the lowest felony sentencing range, they still involve prison time, hefty fines, and lifelong consequences that go far beyond what most people associate with a misdemeanor.
Here’s what you need to know about Class E felony penalties in Tennessee:
Prison Time:
A conviction for a Class E felony carries a sentencing range of 1 to 6 years in prison. While some defendants may receive probation, serving time in a state correctional facility is a serious possibility in felony cases.
Fines:
The court can impose fines up to $3,000 in addition to court costs and restitution if applicable.
Permanent Felony Record:
A felony conviction stays on your record permanently and cannot be expunged in most cases. This record can impact:
- Employment opportunities
- Professional licensing
- Housing applications
- Eligibility for certain government benefits
Loss of Civil Rights:
Felony convictions can also affect your rights, including:
- Your right to possess or carry firearms
- Your right to vote
- Other collateral consequences
This shift to a felony means prosecutors and courts will treat these cases far more seriously. Even first-time offenders can face prison time, and a conviction can follow you for life. If you are accused of child abuse under this new classification, it is essential to consult a criminal defense lawyer immediately to understand your rights and options before making any statements to law enforcement or child protective services.
How Will This Affect Child Abuse Cases?
Tennessee’s new law doesn’t simply increase penalties—it changes how child abuse cases are handled from the moment an allegation surfaces. Cases that might once have been resolved quietly as misdemeanors are now far more serious, leading to aggressive investigations and life-changing consequences.
Prosecutors now have significantly greater leverage. With charges elevated to a felony, prosecutors can use the threat of a lengthy prison sentence to pressure defendants into plea agreements. Even in cases involving relatively minor injuries, many people may feel compelled to plead guilty rather than risk a felony trial and a harsher outcome.
The new law also reduces access to diversion programs that once offered a second chance. Under the old misdemeanor classification, many first-time offenders could avoid a criminal record through pretrial or judicial diversion. Felony charges sharply limit these options. While some Class E felonies technically remain eligible for diversion, judges are far less likely to approve these alternatives in cases involving harm to a child. As a result, people who previously might have kept their records clean could now face permanent felony convictions.
Beyond legal consequences, the emotional and social stakes are higher than ever. Allegations of child abuse—even if ultimately dismissed—can disrupt every part of someone’s life, leading to:
- Temporary loss of child custody or visitation rights
- Strained family relationships and intense personal stress
- Mandatory involvement from child protective services
- Damage to personal and professional reputation that lingers long after the legal case is resolved
Defense strategies must now adjust to this higher-stakes environment. Attorneys have to act swiftly to protect clients’ rights and build a strong case, including:
- Gathering and preserving evidence as early as possible
- Securing expert medical opinions to clarify whether injuries were accidental or consistent with abuse
- Developing character references and mitigation materials to advocate for reduced charges or lighter sentencing
Perhaps most importantly, the social stigma tied to allegations of harming a child can be devastating. People working in childcare, education, healthcare, or other sensitive fields face suspension, job loss, or professional consequences—even before their case is resolved in court.
In this new legal landscape, early intervention from an experienced defense attorney is critical. The decisions you make in the first days of a case can shape the outcome—and may mean the difference between protecting your future or living under the weight of a felony conviction.
What Should You Do If You Are Accused?
Being accused of child abuse—especially under Tennessee’s new felony law—can be one of the most terrifying and stressful experiences a person can face. Many people charged under these laws have never been in trouble before and are blindsided by how quickly a situation spirals from a family dispute or accident into a criminal investigation. Even if you believe the allegations are a misunderstanding or completely false, the way you respond in those first moments can have a lasting impact on both your case and your future.
The most important thing to remember is this: do not try to handle the situation alone. People often believe they can “explain their side of the story” to law enforcement, child protective services, or school officials. Unfortunately, well-meaning statements can easily be misinterpreted, twisted, or used as evidence against you.
If you’re contacted by police, DCS, or any investigator:
- Stay calm and polite—but firmly decline to answer questions until you have an attorney present.
- Clearly tell officers or DCS workers that you wish to exercise your right to remain silent.
- Avoid discussing the situation with anyone else, including friends, relatives, or coworkers, until you’ve spoken with a criminal defense lawyer.
Early legal representation is crucial because an experienced attorney can:
- Intervene quickly to protect your rights during questioning
- Communicate with investigators or prosecutors on your behalf
- Preserve evidence or witnesses that might support your side of the story
- Work toward reducing charges, securing bond, or negotiating alternative outcomes
It’s also wise to document everything you can recall about the incident in question—dates, times, conversations, people present, and any relevant text messages or emails. Share these details only with your attorney, who can determine how best to use them in your defense.
Above all, remember that a child abuse accusation does not automatically mean a conviction. There are defenses, explanations, and legal strategies that can protect your record, your freedom, and your family.
Don’t Navigate These Charges Alone — Call Barnes & Fersten Today
At Barnes & Fersten, we know how quickly these cases can escalate—and how devastating the consequences can be for individuals and families. Allegations don’t always tell the whole story, and even well-intentioned parents or caregivers can find themselves facing serious charges after an accident, a moment of discipline, or a misunderstanding.
If you or someone you know is facing allegations under Tennessee’s new child abuse law, don’t wait. Call Barnes & Fersten today at 865-805-5703 or fill out our contact form for a confidential consultation. Let our Tennessee criminal defense team help you navigate these complex charges and protect what matters most.
Attorney At Law, Managing Partner
Brandon D. Fersten is an esteemed Knoxville attorney practicing DUI, criminal defense, and juvenile law. Known for his empathetic approach and commitment to his clients, he brings a record of favorable case outcomes including dismissals and not guilty verdicts at jury trials resulting in Brandon being recognized as one of the “Top 40 Under 40” in Criminal Defense, U.S. News’ Best Lawyers: “Ones to Watch,” and Super Lawyers’ “Rising Stars”. Brandon’s professional accolades, combined with his passion for justice, position him as a reliable criminal defense advocate in the East Tennessee legal landscape, including Knox County, Blount County, Sevier County, Loudon County, Roane County, Anderson County, Cumberland County, Hamblen County, Monroe County, and McMinn County.
