Homicide - Reckless Homicide - Tennessee Law
The criminal defense attorneys at Baker Associates have successfully represented individuals charged with homicide offenses in Tennessee. Criminal homicide is the unlawful killing of another person. Under Tennessee law, criminal homicide is broken down into seven classifications: First Degree Murder, Second Degree Murder, Voluntary Manslaughter, Reckless Homicide, Criminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.
Tennessee Code Annotated § 39-13-215 defines Reckless Homicide as the reckless killing of another person.
Reckless Homicide:
In order to be found guilty of Reckless Homicide, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant killed the alleged victim;
and
(2) That the defendant acted recklessly, i.e., the defendant was aware of, but consciously disregarded, a substantial and unjustifiable risk that the alleged victim would be killed. 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 defendant's standpoint.
The requirement of "recklessly" is established if it is shown that the defendant acted either intentionally or knowingly.
In homicide cases, the mental state of the accused at the time he or she allegedly killed must be carefully considered in order to determine whether the accused will be convicted of First or Second Degree Murder, Reckless Homicide, or a lesser offense.
It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Reckless Homicide, or another homicide offense. Reckless Homicide is a Class D felony. A person convicted of Reckless Homicide is punished by imprisonment from 2 years to 12 years and can be fined up to $5,000.00.
If you or a close friend or relative has been charged with Reckless Homicide or another homicide offense in Knoxville, Sevierville, or Maryville, Tennessee, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly to investigate and prepare your defense.
Sources: Tenn. Code Ann. § 39-13-215; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.09.