TN+Homicide

TN Laws

TN Homicide Cases

HayleyFullerTN- **Constructive homicide**- form of involuntary manslaughter in that an unlawful killing has taken place where the defendant lacks the //mens rea // (Latin, “Guilty mind”) of murder. It occurs when someone kills, without intent, in the course of committing another crime.
 * Class C Felony
 * 3-15 years in prison
 * Up to $10,000 fine unless otherwise provided by statute


 * AngelAshfordTN- vehicular manslaughter**- **Vehicular manslaughter is the charge that occurs when a driver, whether intoxicated or not, drives a vehicle in a reckless and unsafe manner which results in the death of another individual. Gross negligence or driving a few miles over the speed limit might be charged as a misdemeanor. Drunk driving resulting in a fatality is treated as a felony vehicular manslaughter.**
 * can be charged as misdemeanor or felony (depending on circumstances)
 * punishments can range from imprisonment, probation, parole, loss of driving privileges and steep fines

HayleyFullerTN- **Excusable Homicide**- a killing that is found not to have the required intent to amount to murder, due to justifying or unusual circumstances
 * There is no punishment to excusable homicide.

Angel AshfordTN- imperfect self-defense- a defense based on self-defense that does not shield the defendant from all liability but reduces the liability esp. because the defendant actually but unreasonably believed that he or she was in imminent danger of death or great bodily injury
 * can be charged as voluntary manslaughter instead of second degree murder as long as imperfect self defense can apply --

HayleyFullerTN- **Infanticide**- practice of intentionally killing a child before the age of one.
 * Class H felony
 * Maximum of 5 years in prison

HayleyFullerTN- **First Degree Murder**-  an unlawful killing that is both willful and premeditated
 * Class A felony
 * Imprisonment for life


 * AngelAshfordTN- Second Degree Murder-** **a non-premeditated killing, resulting from an assault in which death of the victim was a distinct possibility.**
 * **Class A felony**
 * **punishable by imprisonment from 15 years to 60 years**
 * **can be fined up to $50,000.00**


 * AngelAshfordTN- provocation- the defendant claims that he or she would not have committed the offense if not provoked by another person or factor. Note that the provocation must be “strong,” meaning the defendant will not be able to claim he or she was provoked if the defendant beats someone to death with a tire iron for cutting line at the movies.**