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What Are Defenses to Evade a Murder Charge?

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Arguably, one of the most serious crimes you can be accused of is murder. Simply put, you do not want to face the repercussions of the Tennessee criminal court reaching a guilty verdict for this. With that said, please continue reading to learn the potential defense you can take to hopefully evade a murder charge and how one of the experienced Clarksville murder lawyers at Fendley and Birch can stand in your corner during this highly critical time.

What are potential defenses to evade a murder charge in Tennessee?

First of all, by its legal definition, murder is considered the unlawful killing of another person with malice aforethought (i.e., premeditation or intent). Taking that definition, you may make the following arguments as to why you should not be charged as guilty for this:

  • You were acting in self-defense prompted by a threat to your immediate safety.
  • You were acting to protect another person from immediate injury or death.
  • You were not acting intentionally or recklessly when an accident occurred that resulted in death.
  • You were struggling with a mental health crisis and did not comprehend the nature or wrongfulness of your actions.
  • You were placed under duress or coercion to kill another person or else face death or serious bodily injury yourself.
  • You were not present at the scene where the death of another person allegedly took place, and you have an alibi for it.
  • You were made the victim of an unlawful search and seizure of evidence that cannot be accepted in the trial proceedings.

How can I reduce my murder charge to a manslaughter offense?

Murder may be charged as a second-degree criminal offense, in which you may face imprisonment of 15 to 60 years with a $50,000 fine. Or, a first-degree offense with a life sentence with or without parole eligibility, or possibly even a life sentence.

As you can likely conclude for yourself, these are serious measures taken. And so, if none of the aforementioned legal defenses fit into your case, you may attempt to reduce your murder charge to a manslaughter offense. This means that you caused the death of another person through reckless or negligent conduct, but not necessarily purposefully or knowingly.

With a successful plea bargain, you may hope to receive only a prison sentence of three to 15 years. But if a plea bargain is not reached, you may try to argue to the jury hearing your criminal trial proceedings that you only committed this lesser offense.

Do not let your legal initiatives stop after reading this blog. The next action you should take is calling us at Fendley and Birch and retaining the services of one of the skilled Montgomery County criminal defense lawyers. Rest assured, we will take the reins from here on out.