Homicide

Homicide charges in Tennessee are among the most serious offenses in the criminal code and, carrying can result in life-altering consequences—including decades in prison or even the death penalty. As experienced Tennessee criminal defense attorneys, The Evans Law Firm understands the complexity of these cases and the high stakes for the accused.

Below is a clear, up-to-date (2025) breakdown of homicide statutes under the Tennessee Code Annotated (TCA), penalties, and proven defense strategies. If you or a loved one faces these charges, immediate legal counsel is critical.
 

First-Degree Murder – TCA § 39-13-202

Definition:

• Premeditated and intentional killing of another, OR

• Killing during the commission of certain felonies (felony murder rule):

  • Aggravated robbery, burglary, rape, kidnapping, terrorism, etc.

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Penalty: Life without parole, life with parole (after 51+ years)

• Death Penalty: Requires aggravating factors (e.g., mass murder, killing a child under 12).

*2025 Update: HB 1872 expanded felony murder to include drug overdose deaths during distribution of Schedule I/II substances.

Defense Focus: Challenge premeditation, negate intent, prove self-defense, or establish an alibi, and challenge forensic evidenceor attack felony murder nexus.

 

Felony Murder - TCA § 39-13-202​

Felony murder is one of the most confusing laws in Tennessee. Essentially, a person can be charged with felony murder if someone dies during the commission of certain felonies (Robbery, Burglary, Theft etc.). 

 

The penalties for felony murder are the same as first degree murder.  

 

Second-Degree Murder – TCA § 39-13-210

Definition:

• Knowing killing of another (aware conduct will likely cause death), OR

• Reckless killing during extreme emotional distress (voluntary manslaughter reduction possible).
   

Penalty: Class A Felony (15-60 years)

• No parole eligibility until 85% of sentence served.

Common Reduction: From 1st-degree via lack of premeditation (e.g., heat-of-passion argument).
 

Voluntary Manslaughter – TCA § 39-13-211

Definition: Intentional or knowing killing under adequate provocation causing that causes extreme emotional disturbance.
 

Penalty: Class C Felony (3-15 years)

Defense Focus: Prove self-defense, establish an alibi, and challenge forensic evidence.Often a compromise verdict in murder trials.
 

Reckless Homicide – TCA § 39-13-215

Definition: Recklessly causing the death of another (gross deviation from care).

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Penalty: Class D Felony (2-12 years)

• Frequently charged in accidental shootings.s, road rage, or neglect cases.

​Defense Focus: Establish an alibi, challenge forensic evidence, focus on circumstances that demonstrate behavior was not reckless.
 

Criminally Negligent Homicide – TCA § 39-13-212

Definition: Causing death through criminal negligence (should have known risk).
 

Penalty: Class D Felony (2-12 years)

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Key Defenses to Homicide Charges

The Evans Law Firm will build aggressive, fact-driven defenses:

1. Self-Defense / Defense of Others (TCA § 39-11-611)

   • Deadly force justified if reasonably believed necessary to prevent imminent death or serious injury.

2. Lack of Intent or Mental State​​

   • Murder requires intent; prove accident, recklessness, or negligence only.

3. Insanity or Diminished Capacity

   • Mental disease/defect negating ability to form intent.

4. Alibi or Misidentification

   • DNA, cell phone pings, surveillance, or witness contradictions.

5. Suppression of Evidence

   • Illegal search, coerced confession, or Miranda violations.

6. Felony Murder Attack

   • Prove underlying felony didn’t occur or death was independent.

7. Intoxication (Voluntary)

   • Can negate specific intent in 1st-degree cases.

It is critical to hire a defense attorney that has tried homicide offenses. The Evans Law Firm has successfully defended all levels of homicide offenses before and at trial.
 

You are not a case number. You are a life worth fighting for. Defend it. Starting now.