Tennessee Criminal Lawyer Blog

Any homicide charge is a life altering experience. If you are charged with a homicide in Tennessee, contact a Tennessee homicide lawyer. Tennessee homicide attorneys can assist you during this difficult time. Tennessee homicide lawyers are experienced in this area of law and understand the difficulty the accused faces. The accused must deal with the traumatic experience of killing another, unwanted publicity, losing employment, and perhaps jail time.

There are seven homicide crimes under Tennessee law: assisted suicide, criminally negligent homicide, reckless homicide, vehicular homicide, voluntary manslaughter, second degree murder, and first degree murder. This blog will discuss criminally negligent homicide and reckless homicide. The difference between the two is the degree of culpable mental states.

According to Tennessee law, criminally negligent conduct that results in death constitutes criminally negligent homicide. Tenn Code Ann. § 39-13-212 (2007) "Criminal negligence" refers to a person who acts with criminal negligence with respect to the circumstances surrounding that person's conduct or the result of that conduct when the person ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint. Tenn. Code Ann. § 39-11-302 (2007).

Criminally negligent homicide is an offense which is new to Tennessee. It replaces involuntary manslaughter. The culpable mental state for criminally negligent homicide is very different than simple negligence under tort law. Rather, criminal negligence requires "a substantial and unjustifiable risk" and the risk must be of such a nature and degree that "the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person's standpoint."

Criminally negligent homicide is a Class E felony. Reckless homicide is defined under Tennessee law as the reckless killing of another and is considered a Class D felony. Tenn Code Ann. § 39-13-215 (2007) "Reckless" refers to a person who acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person's standpoint. Tenn. Code Ann. § 39-11-302 (2007).

The mental state of reckless is somewhere between negligence and intentional conduct under criminal law. Recklessness is higher than negligence, but lower than intentional conduct. If you have been charged with a homicide crime in Tennessee, contact a Tennessee homicide attorney. Tennessee homicide attorneys handle homicide cases in Sevierville, Knoxville, Morristown, Johnson City, Chattanooga, Greenville, Newport, Kingsport, Bristol, and Maryville.