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Generally speaking, criminal homicide is an act in which one person unlawfully causes the death of another person. Due to the nature of these crimes, the Tennessee criminal court will heavily penalize these offenses, regardless of whether or not there was intent behind the act. Those facing homicide charges in Tennessee should understand the potential defenses that may be applicable to their circumstances, based on the type of homicide allegation they are facing, the evidence involved, and the unique factors of the incident. Read on to discover some defense strategies for homicide and how one of the seasoned Clarksville murder lawyers at Fendley and Birch can help you effectively fight against such accusations.
There are several types of homicide offenses recognized under Tennessee law. Though many assume that all homicide offenses are treated similarly, charges are based on the intent, recklessness, or negligence behind the alleged incident. Additionally, prosecutors will classify charges based on the elements of the case and the alleged mental state at the time of the occurrence.
As such, the primary distinction between these offenses centers around whether or not the offense involved premeditation, recklessness, or a failure to perceive reasonable and substantial risks.
The penalties for a homicide conviction in Tennessee are broad, as they vary depending on the type of homicide a defendant is charged with, their criminal history, and whether or not any sentencing enhancements apply. Courts will consider both statutory ranges as well as the presence of aggravating factors.
When you are charged with a homicide offense, it can be incredibly overwhelming. As such, you may feel as though there is nothing you can do. However, it’s imperative to understand that there are a number of defense strategies you may be able to utilize. To secure a conviction, the prosecution must prove your guilt beyond a reasonable doubt. Many strategies focus on undermining their evidence and arguments or establishing legally recognized justifications.
This type of defense is most effective in instances where there are gaps in the prosecution’s evidence, is based on circumstantial evidence, or includes evidence gathered while violating Constitutional rights.
Some applicable defenses may hinge on the fact that, while a death did occur, the conduct was legally justified under the circumstances at the time. This most commonly arises in situations where self-defense measures were taken.
In Tennessee, this defense generally only applies when a defendant can show reasonable and true belief that they or others were in serious danger and that the force used was proportional to the threat levied against them at the time of the incident.
As mentioned earlier, many homicide charges are based on intent at the time of the alleged killing. As such, if intent is disputed, certain mental health and capacity-based defenses can apply.
An insanity or mental health-based defense relies heavily on medical evidence and expert testimony to show that the defendant did not have the capacity to understand their actions at the time of the commission of the crime.
Some defenses for homicide charges in Tennessee are reliant on mistaken identity or unreliable evidence and witnesses, ultimately rendering identity defenses critical.
In some instances, if dismissal of the charges is unlikely, an attorney may attempt to reduce the severity of the charge through negotiations and trial arguments.
Facing a homicide offense in Tennessee is not something that should be taken lightly. A criminal conviction of any kind, but especially a homicide offense, is something that can permanently impact your future. As such, it is in your best interest to connect with an experienced criminal defense attorney with Fendley and Birch. Our firm will examine your circumstances to help you fight for the best possible outcome. Contact us today to learn how we can represent you during these difficult times.