Tennessee Criminal Lawyer Blog

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, Crminally Negligent Homicide, Assisted Suicide, and Vehicular Homicide.

Tennessee Code Annotated § 39-13-210(a) defines Second Degree Murder as:
(1) A knowing killing of another;
or
(2) A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user.

Additionally, subsection (b) further states that in a prosecution for second degree murder, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact (i.e., the jury) may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether a single incident would have resulted in the death.

Second Degree Murder: Killing of Another Using a Schedule I or Schedule II Drug

In order to be found guilty of Second Degree Murder due to unlawful distribution of a Schedule I or II Drug, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:

(1) That the defendant unlawfully distributed a Schedule I or Schedule II drug;
and
(2) That the drug was the proximate cause of the death;
and
(3) That the defendant acted either intentionally, knowingly, or recklessly.

An example of a Second Degree Murder charge by distributing Schedule I or Schedule II drugs would arise where a defendant injects a person with Heroin, a Schedule I narcotic, and that person dies from a drug overdose.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Second Degree Murder or another homicide offense. The penalties for Second Degree Murder are severe--Second Degree Murder is a Class A felony. A person convicted of Seond Degree Murder is punished by imprisonment from 15 years to 60 years and can be fined up to $50,000.00.

If you or a close friend or relative has been charged with Second Degree Murder, contact our experienced criminal defense attorneys as soon as possible. Our team of attorneys will work quickly with our legal staff, private investigators, and experts to investigate and prepare your defense.

Sources: Tenn. Code Ann. § 39-13-210; T.P.I. Crim. 7.05(b).