First-Degree Murder in Tennessee :: Tennessee Criminal Lawyer Blog

First-Degree murder holds the distinction of being the most serious offense a person can commit under Tennessee law as measured by the possible sentence it carries. While almost everyone has an idea of what type of conduct constitutes first-degree murder in most cases, it is worth noting that there are essentially three different "types" of first-degree murder for which a person can be convicted. The statute lays the three types out as follows:

(1) A premeditated and intentional killing of another;

(2) A killing of another committed in the perpetration of or attempt to perpetrate any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy; or

(3) A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.

The first of these definitions codifies the traditional concept of first-degree murder. While many individuals harbor the misconception that a premeditated murder means that some specific amount of time had to elapse between a person's decision to kill someone and the actual killing, T.C.A. 39-13-202(d) makes it clear that such is not the case:

As used in subdivision (a)(1), "premeditation" is an act done after the exercise of reflection and judgment. "Premeditation" means that the intent to kill must have been formed prior to the act itself. It is not necessary that the purpose to kill pre-exist in the mind of the accused for any definite period of time. The mental state of the accused at the time the accused allegedly decided to kill must be carefully considered in order to determine whether the accused was sufficiently free from excitement and passion as to be capable of premeditation.

Thus, while the time period between the decision and the act is relevant, you are much more likely to be convicted of first degree murder if you decided to kill someone in Hawkins County, drove to Grainger County to acquire the murder weapon, and then drove to Roane County to kill the individual, premeditation by definition can be formed in an instant. This definition thus makes it tough for individuals charged with first-degree murder to show that they didn't have enough time to form the intent to kill.

Although this seems to go without saying, individuals charged with an offense carrying punishments as serious as this offense should waste no time in contacting experienced criminal defense counsel to fight the charges. The potential punishments for first-degree murder are life in prison, life in prison without parole, and the death penalty. Once a jury has determined that a defendant is guilty of first-degree murder, it is then up to that same jury to decide whether or not an individual will be sent to death row where he or she will in some case be executed, although execution is growing increasingly rare. The second type of first-degree murder, called "felony murder," will be the topic of tomorrow's entry.