Posted On: December 2, 2008 by Baker Associates

Homicide - Criminally Negligent 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 § 39-13-212 defines Criminally Negligent Homicide as criminally negligent conduct that results in death.

1068920_amusement_park.jpgCriminally Negligent Homicide:
In order to be found guilty of Criminally Negligent Homicide, the State of Tennessee must prove each of the following elements beyond a reasonable doubt:
(1) That the defendant's conduct resulted in the death of the alleged victim;
and
(2) That the defendant acted with criminal negligence, i.e., the defendant ought to have been aware of a substantial and unjustifiable risk that the alleged victim would be killed. 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 defendant's standpoint.
The requirement of "criminal negligence" is established if it is shown that the defendant acted either intentionally, knowingly, or recklessly.

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 or a lesser offense, such as Criminally Negligent Homicide.

It is important to hire a Tennessee criminal defense lawyer if you are charged with Murder, Criminally Negligent Homicide, or another homicide offense. Criminally Negligent Homicide is a Class E felony. A person convicted of Criminally Negligent Homicide is punished by imprisonment from 1 year to 6 years and can be fined up to $3,000.00.

If you or a close friend or relative has been charged with Criminally Negligent 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. § 39-13-212; Tenn. Code Ann. § 40-35-111; T.P.I. Crim. 7.07.