The Different Degrees of Homicide Charges in Tennessee

If you’re facing a homicide charge, your life has seriously changed from what it was like before. You’re under a huge amount of stress, and are scared of what your future will be like. There are several different types of homicide charges. Each type of charge is different, with its own rules and specific details. Homicide charges are serious and being charged with homicide can drastically affect the rest of your life.

Let’s dig into what that means for you or someone you care about – and learn why facing any homicide charge requires representation from a dedicated legal warrior.

What is homicide under Tennessee law?

Before we go deeper, let’s get clear on what “homicide” actually means in Tennessee. The law is pretty straightforward: homicide refers to the unlawful killing of another person (TN Code § 39-13-201 (2024)). It’s not about whether it was intentional or accidental – that’s where the specific type of homicide charge comes in.

Tennessee’s criminal code breaks down homicide charges into several types or “degrees,” each with its own criteria and penalties. More serious charges often come with much harsher consequences. So what do you need to know? Let’s go through the different degrees.

The different degrees of homicide charges in Tennessee

First-degree murder

First-degree murder. The name alone sounds very serious. And it is. It’s the most serious charge you could face. If you’re accused of first-degree murder in Tennessee, you must be proactive and take immediate action to protect yourself and your future.

This charge happens when a person intentionally kills someone with premeditation. We’re not talking about an accident here. This happens when someone plans to take another person’s life. If you thought about the killing beforehand, even for just a second, then it could land you in the first-degree murder category.

Key elements:

• Intent to kill
• Premeditation

And if you’re convicted, you could be facing a lifetime in prison, or worse – the death penalty (TN Code § 39-13-202).

Second-degree murder

Second-degree murder sounds less serious than first-degree, but it’s still a class A-felony murder charge. The difference here is that while First-degree murder requires premeditation and intent to kill another, Second-degree only requires a knowing killing of another. In other words, there is an action taken that you know or should know will result in the death of another. One example is, using excessive force in a self-defense situation. Tennessee does not allow someone to use deadly force, such as a handgun, to defend yourself during a fist-fight.

Second-degree murder can also be charged when someone provides a Schedule I or Schedule II drug that contributes to (proximate cause) the death of another. This “second-degree murder by drug overdose” charge is becoming much more frequent with the large number of overdose deaths that have occurred in the past few years.

Key elements:

• No prior planning
• Knowledge the act could kill

You might still get a long sentence if convicted – we’re talking 15 to 60 years in prison, depending on the case.

Voluntary manslaughter

Voluntary manslaughter isn’t about intentional murder in a calculated sense. It’s about someone else doing something that provides a state of passion and the death is caused during the reaction to that provocation. If someone provokes you to the point that you lose control and react in a way that causes the death of another, that’s where manslaughter comes in.

Key elements:

• No premeditation
• Occurs in the heat of the moment due to provocation

Was it a fight that escalated? Or maybe an emotional outburst? This can bring a conviction of voluntary manslaughter. You can still get prison time here, but it’s typically less severe than second-degree murder – possibly between three and 15 years.

Criminally negligent homicide

Unlike the other categories, criminally negligent homicide doesn’t require intent. It’s all about negligence. If someone dies because of your gross deviation of the standard of care or failure to recognize the risk your actions posed, this is the charge you could face.

Key elements:

• No premeditation
• No intent to kill
• Failure to perceive a substantial and unjustifiable risk

The penalty for this criminally negligent homicide? Up to six years in prison. Although it’s less severe than some other types of homicide, it is still serious.

Reckless homicide

Reckless homicide is the reckless killing of another. It’s not just that you didn’t think ahead – it’s that you knew there was a risk and chose to ignore it.

Key elements:

• Awareness of risk but acting anyway

Here, you are still responsible for the death, but you actively disregarded the risk involved. And you could get anywhere from two to 12 years in prison if convicted.

Vehicular homicide

If you kill someone while behind the wheel, that’s vehicular homicide. If you were drinking or driving recklessly – especially if you were impaired – the consequences can be huge.

Key elements:

• Reckless driving
• Often alcohol or drug involvement

This could happen in any number of circumstances, but it’s most often seen in DUI-related deaths. The penalties vary depending on whether it’s general recklessness, DUI-related, and if the driver has multiple DUIs. The bottom line – you could face years, and even decades behind bars if convicted.

Why are these degrees important?

It all comes down to intent and the surrounding circumstances. The state of mind of the person who caused the death, what they knew, what they planned — it’s all a matter of proving whether this was an intentional act or an accident.

And you better believe the difference between being convicted of first-degree murder versus criminally negligent homicide is significant.

How a criminal defense attorney can help

Facing a homicide charge in Tennessee? You need help. And that’s where a criminal defense attorney comes in. They serve as your lifeline and your warrior in the courtroom. A fighter who has your interests in mind, and stands firmly in your corner. Some ways your lawyer can help include:

• Analyze the facts: They can dig into the circumstances surrounding the case, figure out what went wrong, what was misunderstood, and find any holes in the prosecution’s case.
• Challenge evidence: The prosecution has to prove everything beyond a reasonable doubt. Your lawyer will scrutinize the evidence, possibly even getting experts involved.
• Identify any violations of your rights: Your lawyer may look for ways the evidence was collected improperly as a way to combat the prosecution’s case.
• Build your defense: Whether it’s showing the killing was in self-defense, you were provoked into losing control, or they have the wrong person altogether, an experienced criminal defense attorney can make sure your side is heard.
• Negotiate with the prosecutor: In some cases, they might be able to cut a deal to reduce your charges or negotiate a lesser sentence. At Waynick Law, we do not push plea deals on our clients, but part of our job is to get you options.
• Provide guidance: The court system can be confusing, but your attorney can walk you through it, step by step.

Charged with homicide in Tennessee? Don’t face it alone.

Facing a homicide charge in Tennessee is very serious, as most convictions for any type of homicide require long prison sentences. These charges come with extreme consequences, and the stakes couldn’t be higher. Whether it’s first-degree murder or criminally negligent homicide, understanding what you’re up against is key.

If you’re facing homicide charges, don’t try to navigate this alone. At Waynick Law, our criminal defense attorneys are prepared to fight tooth and nail for your future. Call one of our offices today. We’re here to help you navigate the toughest of legal challenges.