Having prosecuted criminal cases in Davidson County for three years, Kevin Kennedy knows how the State approaches this charge. He prosecuted serious violent-crime cases and understands how prosecutors evaluate allegations involving shootings, stabbings, threats, and other conduct alleged to show an intent to kill. Attempted-homicide cases are among the most serious criminal cases in Tennessee. They can turn on a few disputed seconds, the meaning of a statement, the number and direction of shots fired, whether the accused actually intended to kill, and whether the evidence proves premeditation.
A charge involving attempted murder can expose a person to decades in prison, significant fines, firearm consequences, and a permanent felony record. These cases require careful investigation of the State's proof rather than assumptions based on the seriousness of the accusation. If you are facing an attempted-homicide or attempted-murder charge in Nashville or Middle Tennessee, call Kevin Kennedy Law Firm to schedule a free, confidential consultation.
What Is Attempted Homicide in Tennessee?
Tennessee does not define a single crime formally titled "attempted homicide." Instead, Tennessee's criminal-attempt statute, Tenn. Code Ann. § 39-12-101, applies to an underlying homicide offense. A person commits criminal attempt when, acting with the culpability required for the underlying offense, the person intentionally takes conduct that would constitute the offense under the circumstances as believed, acts with intent to cause a prohibited result and believes the conduct will cause that result without further action, or takes a substantial step toward committing the offense.
In homicide cases, the most common attempted offenses are attempted first-degree murder and attempted second-degree murder. The difference is not simply how badly someone was injured. The prosecution must prove the mental state required for the particular offense. That makes intent, premeditation, the circumstances leading up to the event, and what happened immediately afterward central issues in many attempted-murder cases.
Attempted First-Degree Murder
First-degree premeditated murder requires a premeditated and intentional killing. For an attempted first-degree murder charge, the State generally must prove an intent to kill, premeditation, and conduct satisfying Tennessee's attempt statute. Premeditation means that the intent to kill was formed after reflection and judgment; it does not require any particular amount of time. Because a person's mental state is rarely proven by a direct admission, prosecutors often rely on surrounding circumstances such as prior threats, planning, procurement or use of a weapon, the manner of the attack, repeated shots or blows, conduct toward an unarmed victim, and actions before or after the incident.
Attempted Second-Degree Murder
Second-degree murder includes a knowing killing of another. Tennessee courts recognize attempted second-degree murder as a criminal offense. In these cases, the State may rely on proof that the accused was aware that the conduct was reasonably certain to cause death. The defense may therefore focus on whether the evidence actually establishes the required knowing mental state, whether the accused intended a different result, and whether the circumstances support a lesser offense rather than attempted murder.
What Are the Penalties for Attempted Murder in Tennessee?
Under Tenn. Code Ann. § 39-12-107, criminal attempt is generally graded one classification lower than the offense attempted. Tennessee courts treat attempted first-degree murder as a Class A felony and attempted second-degree murder as a Class B felony. A Class A felony carries an authorized sentencing range of 15 to 60 years and a fine of up to $50,000. A Class B felony carries an authorized range of 8 to 30 years and a fine of up to $25,000. The actual sentencing range depends on the defendant's offender classification and criminal history. For example, a Range I sentence is generally 15 to 25 years for a Class A felony and 8 to 12 years for a Class B felony.
Additional charges can substantially increase exposure. Attempted first-degree murder and attempted second-degree murder are listed as dangerous felonies for Tennessee's firearm statute. Depending on the facts, prosecutors may bring a separate charge alleging possession or employment of a firearm during the commission or attempted commission of a dangerous felony. Other counts may include aggravated assault, reckless endangerment, unlawful firearm possession, or offenses arising from the same incident.
Common Defenses to Attempted Homicide Charges
There is no single defense that applies to every attempted-murder case. The defense should be built around the exact theory charged, the accused's account, physical evidence, witness credibility, forensic evidence, video, electronic communications, and the State's ability to prove the required mental state beyond a reasonable doubt.
Lack of Intent to Kill or Lack of Premeditation
One of the most important issues is often what the accused actually intended. Dangerous or even unlawful conduct does not automatically establish attempted murder. In an attempted first-degree murder case, the State must prove premeditation in addition to the required intent. A sudden fight, panic, intoxication evidence where legally relevant, chaotic circumstances, warning shots, the direction of gunfire, distance, intervening events, or statements made before and after the incident may affect whether the proof supports an intent to kill or premeditation. A defense attorney should test the State's inference against the objective evidence rather than accepting the charging decision as proof of intent.
Acting in Defense of Yourself or Someone Else
Some attempted-homicide cases arise from confrontations in which both sides used force or each side claims the other was the aggressor. Tennessee recognizes self-defense and defense of another under appropriate circumstances. The investigation should examine who initiated or escalated the confrontation, whether threats were made, whether the other person possessed or reached for a weapon, whether the accused reasonably perceived an imminent threat, whether retreat rules are implicated, and whether video, 911 calls, injuries, physical evidence, or neutral witnesses support either account.
Identity, Eyewitness Reliability, and Forensic Proof
In shooting cases, the fact that a person was present near the scene does not necessarily establish who fired a weapon or who intended to kill. The defense may examine surveillance footage, body-worn camera video, shell casings, trajectory evidence, fingerprints, DNA, gunshot-residue evidence, cell-site or phone data, vehicle evidence, and witness identification procedures. Eyewitnesses can be mistaken, particularly during fast-moving, stressful events involving darkness, distance, masks, multiple people, or gunfire.
Statements, Searches, and Suppression Issues
Attempted-murder investigations frequently involve custodial interviews, searches of vehicles or homes, seizure of cell phones, extraction of digital data, and firearm recovery. A defense attorney should evaluate whether police had the required legal basis for each search, seizure, warrant, and interrogation. If evidence or statements were obtained in violation of constitutional protections, a motion to suppress may remove important evidence from the State's case or materially change plea negotiations and trial strategy.
How Kevin Kennedy Defends Attempted Homicide Cases
An attempted-homicide charge requires the State to prove an intent to kill, and Kevin builds the file with that element squarely in view. The defense begins by understanding exactly what happened from the client's perspective and then comparing that account to every part of the prosecution's proof. That may include body-worn camera footage, 911 recordings, surveillance video, photographs, medical records, firearm and ballistic evidence, autopsy-related or expert evidence when relevant, cell-phone records, social-media communications, police reports, witness statements, and physical evidence collected from the scene.
His experience as a former prosecutor helps him evaluate how the State is likely to frame intent, premeditation, credibility, and forensic evidence. Depending on the facts, the defense may challenge whether the accused was the shooter, dispute intent to kill or premeditation, develop self-defense, seek suppression of evidence, attack unreliable eyewitness testimony, present expert or favorable defense evidence, or pursue a dismissal or reduction when the proof does not support the charged offense.
Attempted-homicide cases require preparation for every stage of the case, including preliminary hearings, bond litigation, motion practice, plea negotiations, and trial. Kevin prepares serious felony cases with trial in mind because thorough preparation is often what reveals weaknesses that are not obvious from the arrest warrant or police narrative. If you are charged with attempted homicide or attempted murder in Nashville or Middle Tennessee, contact Kevin Kennedy Law Firm for a free, confidential consultation.
Legal references: Tenn. Code Ann. §§ 39-12-101, 39-12-107, 39-13-202, 39-13-210, 39-17-1324, 40-35-111, and 40-35-112. This page is general information, not legal advice.