TCA 40-3-105
Prosecution for same offense in both state and municipal court prohibited
FELONYFelony
What does this charge mean?
You cannot be prosecuted for the same crime in both state court and municipal court, even if the penalties are different. Once you are convicted, acquitted, or have charges dismissed in one court, you cannot be prosecuted for that same offense in the other court.
Penalty Details
ClassificationFelony
Penalty SummaryFelony
(a) Whenever the commission of any act or the omission to act under certain circumstances constitutes both a violation of state law and a violation of municipal law, notwithstanding the fact that different penalties are provided, no person shall be prosecuted in both a state court and a municipal court for the same offense. Ask a legal question, get an answer ASAP!(b) A dismissal on the merits, acquittal or conviction of the offense in one (1) court, pleaded and shown, shall be a bar to prosecution for the offense in the other court.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
FELONY
TCA Section40-3-105