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

Tennessee Code Annotated § 39-13-211 defines Voluntary Manslaughter as the intentional or knowing killing of another person in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner. Voluntary Manslaughter is commonly referred to as a "crime of passion."

Voluntary Manslaughter:
In order to be found guilty of Voluntary Manslaughter, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant unlawfully killed the alleged victim;
and
(2) That the defendant acted intentionally, i.e., it was the defendant's conscious objective or desire to cause the death of the alleged victim, or acted knowingly, i.e., acted with an awareness that his or her conduct was reasonably certain to cause the death of the alleged victim;
and
(3) That the killing resulted from a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.

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, Voluntary Manslaughter, or a lesser offense. The distinction between Voluntary Manslaughter and Second Degree Murder is that voluntary manslaughter requires that the killing result from a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Voluntary Manslaughter, or another homicide offense. Voluntary Manslaughter is a Class C felony. A person convicted of Voluntary Manslaughter is punished by imprisonment from 3 years to 15 years and can be fined up to $10,000.00.

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

Sources: Tenn. Code Ann. § 39-13-211; T.P.I. Crim. 7.06.