×
Fendley and etson FallBackImage

What Are Defense Strategies for Homicide Cases?

man getting arrested

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.

How Does Tennessee Law Classify Homicide Offenses?

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.

Common Types of Homicide Charges in Tennessee

  • First-degree murder involves premeditation or specific aggravating factors
  • Second-degree murder involves knowing or intentional killings without premeditation
  • Voluntary manslaughter involves adequate provocation, also known as “heat of passion” killings
  • Criminally negligent homicide is based on failure to perceive a substantial risk
  • Vehicular homicide involves recklessness, traffic violations, or intoxication

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.

Potential Penalties for Homicide Convictions in Tennessee

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.

Sentencing Range and Financial Penalties

  • First-degree murder:
    • Mandatory life imprisonment, with or without the possibility of parole.
    • The death penalty, in some cases.
  • Second-degree murder:
    • Anywhere from 15 to 60 years imprisonment.
    • Fines of up to $50,000.
  • Voluntary manslaughter:
    • Anywhere from three to 15 years imprisonment.
    • Fines of up to $10,000.
  • Criminally negligent homicide:
    • Anywhere from one to six years imprisonment.
    • Fines of up to $3,000.
  • Vehicular homicide:
    • Anywhere from eight to 30 years imprisonment.
    • Fines of up to $25,000.

Core Legal Defense Strategies Used in Homicide Cases

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.

Evidence-Based and Procedural Defenses

  • Challenging insufficient, circumstantial, or unreliable evidence
  • Filing motions to suppress evidence collected through unlawful searches and seizures
  • Identifying breaks in the chain of custody or forensic inconsistencies
  • Highlighting procedural failure to meet the burden of proof

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.

Does Tennessee Recognize Any Justification Defenses?

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.

Self-Defense and Defense of Others

  • Reasonably held belief of imminent threat of death or serious bodily injury
  • Proportional response to the perceived threat
  • No duty to retreat in accordance with Tennessee Stand Your Ground laws

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.

Duress or Coercion

  • Defendant acted under immediate threat of death or severe bodily harm
  • No reasonable opportunity to escape the threat
  • Coercion directly resulted in the alleged conduct

Mental State and Capacity-Based Defenses

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.

Insanity and Mental Health Defenses

  • Inability to appreciate the wrongfulness of the conduct
  • There is a documented mental illness or psychological impairment
  • Expert testimony supports a lack of criminal responsibility

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.

Lack of Intent or Accidental Conduct

  • Death resulted from negligence rather than recklessness or intent
  • No malice aforethought was present at the time
  • Evidence from accident reconstructions or forensics supports these claims

Identity and Alibi Defenses in Homicide Prosecutions

Some defenses for homicide charges in Tennessee are reliant on mistaken identity or unreliable evidence and witnesses, ultimately rendering identity defenses critical.

Common Alibi or Misidentification Arguments

  • Proof that the defendant was not at the scene at the time of the offense
  • Surveillance footage, witness statements, and digital records support alibi or mistaken identity claims
  • Cross-examination may reveal the unreliability of a witness

Can a Murder Charge Be Reduced to Manslaughter?

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.

Legal Paths to Reduce Charges

  • Presenting mitigating factors
  • Negotiating plea agreements
  • Establishing provocation or extreme emotional response
  • Showing a lack of premeditation

Contact Our Tennessee Criminal Defense Law Firm

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.