If you have been charged with murder, you may believe that your situation is hopeless. The Tennessee legislature imposes severe penalties for those convicted, including death for those found guilty of capital murder. Having a strong advocate by your side is necessary to avoid severe penalties and to potentially save your life.
If you are looking for dedicated representation, look no further than the homicide defense attorneys at Beasley Law Criminal Defense Attorneys. Our Nashville murder lawyer has years of experience defending clients against murder charges and is prepared to fight for you.
What Are the Laws on Murder?
Tennessee classifies murder into two categories: first-degree and second-degree murder. Both of which our murder defense attorneys in Nashville are well-equipped to defend.
First-Degree Murder
Tennessee law defines first-degree murder as pertaining to any of the following circumstances:
- A premeditated (planned beforehand) and intentional killing
- A killing of another during the commission of a robbery, burglary, theft, kidnapping, or other felony under the statute (known as “felony murder”) or
- A killing of another as the result of a destructive device or bomb
First-degree murder is punishable by death, imprisonment for life, or imprisonment for life without parole.
Second-Degree Murder
A lesser offense than first-degree murder, you may be charged with second-degree murder in any of the following circumstances:
- Knowingly killing another
- Unlawful distribution of a drug that results in the death of another
- Unlawful distribution or delivery of fentanyl or carfentanil, or use in combination with an illegal substance, that is the legal cause of another person’s death
Second-degree murder is a Class A felony, punishable by 15-60 years in prison and a fine of $50,000.
How Does State of Mind Factor Into Murder Cases?
A criminal offense typically requires that the defendant had a certain state of mind while committing the act. Tennessee law recognizes four states of mind: intentional, knowing, reckless, or criminal negligence. Whereas first-degree murder requires the perpetrator’s actions to be intentional, second-degree murder requires a “knowing” state of mind.
An individual acts intentionally when he or she has a conscious desire to engage in the act and produce a particular result. On the other hand, an individual acts knowingly when he or she is aware of the nature of the conduct and that a particular result is likely to occur. If the prosecution cannot prove that you had the prerequisite state of mind, then the charges against you will likely be dismissed, and our Nashville murder attorneys can help you build a defense with this goal in mind.
Proving Guilt Beyond a Reasonable Doubt
The state must provide sufficient evidence to show a defendant’s guilt beyond a reasonable doubt. This is the standard of proof in all criminal cases. Tennessee law establishes four elements that must be proven beyond a reasonable doubt in every criminal case:
- The conduct and the circumstances surrounding the conduct, as described in the criminal statute
- The mental state required
- Disproving any evidence supporting the defense
- The crime was committed before the formal charge
The law presumes a person’s innocence. Having a tenacious murder defense lawyer in Nashville on your side will allow you to present the strongest case possible, preventing the state from meeting its burden. A murder investigation may involve our team collecting evidence such as DNA, fingerprints, blood-stained garments and other blood spatter, trace evidence (hairs, fibers from clothing, bullet residue), and impressions (tire tracks, footprints).
Tenacious Representation When You Need It Most
If you have been arrested on murder charges, you need an attorney devoted to winning your case. At Beasley Law Criminal Defense Attorneys, our Nashville murder lawyer believes that everybody deserves competent representation. To schedule your complimentary consultation, contact the office by calling (615) 846-9889 or by filling out our online contact form.
