In Tennessee, criminal offenses related to the unlawful killing of another person are categorized into homicide, murder, and manslaughter. While these terms are often used interchangeably in casual conversation, they have distinct legal definitions and potential consequences for a conviction under Tennessee law. Understanding these differences is crucial if you have been charged with one of these crimes. Toward that end, a Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby helps you understand murder, manslaughter and other homicide offenses in Tennessee.
Homicide Defined
Homicide is an umbrella term that encompasses several criminal offenses that involve the killing of one person by another, including first-degree murder, second-degree murder, voluntary manslaughter, and criminally negligent homicide. Whether a homicide is considered criminal or justifiable depends on the circumstances surrounding the death. For example, self-defense might render a homicide justifiable and, therefore, not subject to criminal prosecution. Specifically, Tennessee Code Annotated (TCA) § 39-13-201 defines criminal homicide as “the unlawful killing of another person.” Conversely, § 39-11-611 explains when self-defense applies to a homicide, thereby making it a “justified” killing and not a criminal offense.
How Is Murder Defined in Tennessee?
Murder is the most serious form of homicide and is further divided into degrees based on the level of intent and premeditation involved. TCA § 39-13-202 defines first-degree murder as one of the following:
- A premeditated and intentional killing of another.
- A killing of another committed in the perpetration of or attempt to perpetrate certain felony offenses.
- A killing of another committed as the result of the unlawful throwing, placing or discharging of a destructive device or bomb.
Second-degree murder, under Tennessee law, is defined as any of the following:
- A knowing killing of another.
- 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.
- A killing of another by unlawful distribution or unlawful delivery or unlawful dispensation of fentanyl or carfentanil.
How Is Voluntary Manslaughter Defined in Tennessee?
Manslaughter, governed by §39-13-211 is a lesser form of homicide and is typically categorized by the absence of premeditation or intent to kill. People often refer to voluntary manslaughter as a “heat of passion” homicide, meaning that the death was the result of sudden violence as a result of adequate provocation. Voluntary manslaughter essentially acknowledging that the defendant’s emotional state played a significant role in the killing which, in turn, reduces the defendant’s culpability when compared to murder.
How Is Criminally Negligent Homicide Defined in Tennessee?
Governed by § 39-13-212, criminally negligent homicide involves the death of a person caused by the defendant’s “gross negligence.” An important distinction within the definition of criminally negligent homicide in Tennessee is that it does not involve the intent to kill or require a deliberate act that then causes a death.
What Are the Potential Penalties for a Homicide Conviction in Tennessee?
If you are convicted for a criminal offense related to the death of another person, the potential penalties you will face depend on the offense involved. First-degree murder, for example, can result in the death penalty or a term of imprisonment (with or without the possibility of parole). A second-degree murder conviction carries with it a potential sentence of 15 to 60 years in prison while voluntary manslaughter is punishable by three to 15 years in prison. Finally, criminally negligent homicide is punishable by a potential sentence of one to six years in prison.
Certain aggravating factors can subject a defendant to additional penalties or a longer term of imprisonment, such as previous criminal convictions, the presence of a firearm during the commission of the crime, and a particularly vulnerable victim (such as a child, a disabled person, or an elderly individual).
Contact a Murfreesboro Criminal Defense Attorney
If you have been charged with murder, manslaughter, or another criminal homicide offense in the State of Tennessee, consult with an experienced Murfreesboro criminal defense attorney at Bennett | Michael | Hornsby as soon as possible to discuss your legal options. Contact the team today by calling 615-898-1560 to schedule your free appointment.
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