{"id":376447,"date":"2016-03-31T21:36:48","date_gmt":"2016-04-01T02:36:48","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/tennessee-law\/tennessee-first-degree-murder.html"},"modified":"2016-06-20T23:00:00","modified_gmt":"2016-06-21T04:00:00","slug":"tennessee-first-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/tennessee-law\/tennessee-first-degree-murder.html","title":{"rendered":"Tennessee First-Degree Murder"},"content":{"rendered":"\n
\n \n
\n

Tennessee First-Degree Murder<\/h1>\n
\n
\n

Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The most serious form of homicide in Tennessee is first-degree murder<\/a>. It’s punished most severely of all the homicides, including with the death penalty in certain cases. Tennessee law considers two main types of killings to be first-degree murder: intentional, planned ahead killings as well as felony murders<\/a>, or murders committed during a violent felony. The prosecutor needs to prove beyond a reasonable doubt both the murder and the lack of lawful justification.<\/p>\r\n

Even if a person isn’t found to have committed first degree murder, the defendant may be found guilty of a lesser murder charge, including second degree murder<\/a> (intentionally killing without thinking about it beforehand), voluntary manslaughter<\/a> (murder under the influence of a sudden passion), or reckless or criminally negligent homicide (an accidental killing caused by the defendant’s recklessness or gross negligence).<\/p>\r\n

Penalties and Sentences<\/h2>\r\n

Tennessee has capital punishment, or the death penalty. In a capital murder case, the trial is divided into two parts<\/a>: a determination of guilt or innocence and, if found guilty, then a sentencing<\/a> part where evidence about the circumstances of the murder are presented to the judge or jury.<\/p>\r\n

In Tennessee, the death penalty or life in prison without parole can only be imposed where an aggravating factor<\/a> (showing maliciousness or a lack of remorse sufficient to justify increased penalties) has been proven by the state beyond a reasonable doubt. Those aggravating factors are:<\/p>\r\n