What Are the Different Penalties for Murder and Manslaughter?

Though murder and manslaughter may be considered different criminal offenses, both are taken quite seriously in the eyes of Tennessee law. Follow along to find out the different penalties for murder and manslaughter charges and how one of the proficient Clarksville murder lawyers at Fendley and Etson can help you come up with possible defenses.

What are the different penalties for murder and manslaughter charges?

Before all else, you must understand the difference in how Tennessee statute defines murder and manslaughter. For one, a defendant may be found guilty of either first-degree or second-degree murder if any of the following circumstances are found to be true:

• First-degree murder:
  • The defendant caused the death of another person with intent or premeditation.
  • The defendant caused the death of another person while committing or attempting to commit another felony.
  • The defendant caused the death of another person by discharging, plotting, or throwing a destructive device or bomb.
• Second-degree murder:
  • The defendant caused the death of another person with deliberacy.
  • The defendant caused the death of another person by unlawfully distributing certain scheduled drugs.

With this, a first-degree murder charge may come with a sentence to life with parole after serving 51 years in prison; a life sentence in prison without the possibility of parole; or in the worst case, a sentence to the death penalty. In turn, a second-degree murder charge may come with a sentence of 15 to 60 years in prison.

Secondly, a defendant may be found guilty of voluntary manslaughter if they caused the death of another person while in a state of passion due to adequate provocation. Further, voluntary manslaughter is considered to be a Class C felony in the state of Tennessee. This is associated with a sentence of three to 15 years in prison.

What if I was forced into committing murder or manslaughter?

You may believe that you were threatened or even forced into committing an act of murder or manslaughter. For example, you may have feared that your own life was at risk if you did not carry out this act.

In this case, you may take a duress defense in your criminal court proceedings. However, you must understand that the Tennessee criminal judge and jury may not completely excuse your actions simply because you make and prove this claim. But at the very least, you may be able to reduce the charge you receive and subsequently the sentence you serve.

It is worth mentioning that there are other defenses you may take that may have a similar effect. Namely, you may claim that this was an instance of mistaken identity; that you were acting in self-defense or defense of others; or that you were in a state of insanity at the time of the act; to name a few.

Whenever you are ready, one of the talented Montgomery County criminal defense lawyers is here to provide legal assistance. So please schedule your initial consultation with us at Fendley and Etson today.