Homicide Defense
Kevin Kennedy, Homicide Attorney
As a former prosecutor, Kevin was lead prosecutor on numerous First-Degree Murder cases and Attempted First-Degree Murder cases. In this role, Kevin worked closely with the lead detective, from the pre-charging investigation all the way up to trial. He understands the weak points that often exist in the investigation and in the prosecution’s case.
If you are charged with Homicide or Attempted Homicide, contact Kevin Kennedy Law Firm to schedule a free, confidential consultation.
Types of Homicide Charges and Penalties
In Tennessee, there are five levels of Homicide: First-Degree Murder, Second-Degree Murder, Voluntary Manslaughter, Reckless Homicide and Negligent Homicide. In Davidson County, if prosecutors charge for Homicide, they almost always charge First-Degree Murder as opposed to charging a lesser homicide. In addition to these types of homicide, the law also recognizes Vehicular Homicide.
First-Degree Murder
There are two types of First-Degree Murder charges: Premeditated Murder and Felony Murder. The minimum penalty for both types of First-Degree Murder is life imprisonment, which is defined under Tennessee law as 51 years in prison.
First-Degree Premeditated Murder
First-Degree Premeditated Murder is an intentional, premeditated killing. The law defines premeditation as an act done after reflection and judgement. It also specifies that there is no minimum time of reflection and judgement in order for a jury to find premeditation—thus, contrary to popular belief, there does not need to be any substantial planning of the act. Rather, “premeditation” can happen in a short period of time.
First-Degree Felony Murder
Felony Murder is a killing that occurs during the perpetration or attempted perpetration of certain felonies or a theft. It does not matter whether you or an accomplice to the felony or theft committed the actual killing. Similarly, it does not matter whether you intended or believed that your accomplice to the felony or theft would kill anyone. Instead, you can be found guilty of Felony Murder if you intended to commit the felony or theft and a person dies during the perpetration or attempted perpetration of the felony.
Second-Degree Murder
Second-Degree Murder is a knowing or intentional killing. What separates it from First Degree Murder is that there is no premeditation.
Second-Degree Murder is a Class A Felony that carries 15-60 years in prison. There is no probation eligibility.
Voluntary Manslaughter
Voluntary Manslaughter is an intentional or knowing killing that is committed in a state of passion under “adequate provocation.” What differentiates it from Second-Degree Murder is the existence of adequate provocation, which is provocation that would lead a reasonable person to act in an irrational manner. Tennessee Pattern Jury Instructions lay out several factors that a jury must look at in deciding whether there was adequate provocation.
Voluntary Manslaughter is a Class B Felony, carrying 8-30 years in prison.
Reckless Homicide
Reckless Homicide is a reckless killing of another. The law defines a reckless mental state as being aware of but consciously disregarding a substantial and unjustified risk to others. This means the prosecution must prove you were aware of the risk to others that your conduct was creating, but that you chose to disregard it and continue on with your conduct.
Reckless Homicide is a Class D Felony, carrying 2-12 years in prison.
Criminally Negligent Homicide
Criminally Negligent Homicide is the criminally negligent killing of another. Under Tennessee law, criminal negligence is defined as grossly deviating from the standard of care that an ordinary person would take. What distinguishes this from Reckless Homicide is that Criminally Negligent Homicide does not require the prosecution to prove that you were aware of the risk. Rather, they merely must prove that you should have been aware of the risk and that your conduct was grossly different than what an ordinary person would do.
Criminally Negligent Homicide is a Class E Felony, carrying 1-6 years in prison.
Vehicular Homicide
The law recognizes multiple ways that vehicular homicide can be committed, including:
Vehicular Homicide by Intoxication
To prove this charge, prosecutors must prove that the driver was intoxicated and that the killing was the proximate result of the driver’s impairment.
The most litigated elements here are whether the driver was intoxicated and whether something other than the driver’s impaired driving caused crash and death.
This is a Class B Felony punishable by 8-30 years imprisonment. For offenses committed on or after July 1st, 2024, there is no eligibility for probation.
Additionally, depending on the driver’s Blood-Alcohol Concentration (BAC) and prior DUI or other driving-related convictions, this can be charged as an A Felony Aggravated Vehicular Homicide punishable by 15-60 years in prison.
Vehicular Homicide by Reckless Conduct
To be found guilty of this charge, prosecutors must prove that the driver acted recklessly, and the killing was the proximate result of the reckless conduct. The law defines a reckless mental state as consciously disregarding a substantial and unjustified risk and acting in a manner that grossly deviates from the standard of care of an ordinary person. This means that prosecutors must prove that you were aware of the risk and chose to disregard it.
In these cases, defenses often center around whether the driver was actually consciously aware of the substantial risk. Additionally, defense should explore whether something other than the conduct of the driver caused the crash and death.
This is a Class C Felony punishable by 3-15 years imprisonment.
Vehicular Homicide by Drag Racing
This charge requires the prosecution to prove that the driver was engaged in drag racing and that the killing was the proximate result of the drag racing.
One challenge to this charge is whether something other than the driver’s conduct caused the crash and the death.
This is a Class C Felony punishable by 3-15 years imprisonment.
Defending Homicide and Attempted Homicide Charges
Kevin has substantial experience with Homicides and Attempted Homicides, having been lead prosecutor on numerous such cases during his tenure at the Davidson County District Attorney’s Office.
Having a defense attorney with experience on these cases is critical as these cases tend to have evidence that does not exist in other cases—for example, cell phone extractions, crime-scene processing and reconstruction, firearms and ballistic testing, and autopsy examinations to name a few.
An experienced Homicide attorney will scrutinize each piece of evidence, identifying weaknesses in the state’s case and building defenses. That may include developing a self-defense or mistaken identity defense or working to gather evidence to reduce the most serious charges. Regardless, we take a comprehensive, detailed approach to your case in order to build the strongest possible defense.