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 § 39-13-218 defines Vehicular Homicide as the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of the driver's alcohol or drug intoxication where:
(1) The defendant has two (2) or more prior convictions for:
(A) Driving Under the Influence of an intoxicant;
(B) Vehicular Assault; or
(C) Any combination of such offenses;
(2) The defendant has one (1) or more prior convictions for the offense of Vehicular Homicide; or
(3) There was, at the time of the offense, twenty-hundredths of one percent (.20%), or more, by weight of alcohol in the defendant's blood and the defendant has one (1) prior conviction for:
(A) Driving Under the Influence of an intoxicant; or
(B) Vehicular Assault.

Aggravated Vehicular Homicide:

In order to be found guilty of Aggravated Vehicular Homicide, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant has two (2) or more prior convictions for driving under the influence of an intoxicant, vehicular assault, or any combination of such offenses; or
(2) That the defendant has one (1) or more prior convictions for the offense of vehicular homicide; or
(3)(a) That there was at the time of the offense .20% or more by weight of blood alcohol in the defendant's blood; and
(3)(b) That the defendant has one (1) prior conviction for driving under the influence of an intoxicant or vehicular assault.
"Prior conviction" means an offense for which the defendant was convicted prior to the commission of the instant vehicular homicide and includes convictions under the laws of any other state, government, or country, which, if committed in Tennessee, would have constituted vehicular homicide, vehicular assault, or driving under the influence of an intoxicant.

In vehicular homicide cases, the impairment or intoxication level of the alleged driver must be carefully considered in order to determine whether the accused will be convicted of Aggravated Vehicular Homicide or a lesser offense such as Criminally Negligent Homicide. Additionally, the prior criminal record and driving history of the defendant must also be thoroughly investigated to determine whether any prior convictions would allow for a conviction of Aggravated Vehicular Homicide.

It is important to hire a Tennessee criminal defense attorney if you are charged with Murder, Aggravated Vehicular Homicide, or another homicide offense. Aggravated Vehicular Homicide is a Class A felony. A person convicted of Aggravated Vehicular Homicide by intoxication 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 Aggravated Vehicular Homicide or another homicide offense in Knoxville, Sevierville, or Maryville, Tennessee, contact our experienced criminal defense attorneys as soon as possible to schedule a free consultation. Our team of attorneys will work quickly to investigate and prepare your defense, as well as seek the services of a private investigator, accident reconstructionist, and or toxicologist depending on the specific facts of your particular case in order to adequately defend you.

For additional information on DUI and other Alcohol-related offenses, click here.

Sources: Tenn. Code Ann. § 39-13-218; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.11.