Tennessee Criminal Lawyer Blog

Tennessee homicide lawyers are often asked questions about the different degrees of homicide charges. Homicide charges in the state of Tennessee are considered by many to be the most serious type of criminal offense. Punishments include long incarceration periods and possibly even the death penalty in Tennessee. Even the allegation that you killed another person will significantly affect your employment, family, mental well-being, and perhaps your community.

Tennessee recognizes seven homicide crimes: first degree murder, second degree murder, voluntary manslaughter, criminally negligent homicide, vehicular homicide, reckless homicide, and assisted suicide. A person can be charged with homicide for killing a viable fetus in Tennessee, but of course medical abortions are still legal.

First degree murder is the highest level of the homicide crimes. A person can be charged with first degree murder three different ways. First degree murder is:

• A premeditated and intentional killing of another;
• A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect or aircraft piracy; or
• A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

Premeditation used in the first bullet is an act done after the exercise of reflection and judgment. Premeditation means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill pre-exist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation.

The state gives out the harshest punishment one can receive if you are convicted of first degree murder. A person convicted of first degree murder shall be punished by death, imprisonment for life without possibility of parole, or imprisonment for life. Tenn. Code Ann. § 39-13-202 (2007). If you are charged with first degree murder or any homicide crime, it is important that you contact a Tennessee homicide attorney. Our clients always receive the care and attention they deserve when their record, reputation, and liberty is at stake.