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Sevierville Capital Criminal Defense Attorneys
Sevierville criminal defense attorneys handling complicated capital cases
The most serious murder charge in Tennessee is first-degree murder. The penalties upon conviction can include life imprisonment, life imprisonment without the possibility of parole, or death. A case becomes a capital case if the State gives notice that it intends to seek the death penalty. The trial process can be lengthy and challenging.
When faced with a capital case, where your life is on the line, our experienced Sevierville criminal defense attorneys at Delius, McKenzie & McCarter, are ready to defend your rights. We have more than 20 years of experience representing clients in Sevierville, Seymour, Pigeon Forge, and Gatlinburg. We can fight aggressively to protect your rights and pursue the best possible outcome under the law.
Our record of success in murder cases includes several acquittals. However, every case is different, and past results do not guarantee or predict similar outcomes in your case.
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What are the different types of murder offenses in Tennessee?
The state of Tennessee generally recognizes several classifications of murder charges. The driving force behind these categories is the intent and mindset of the accused. These classifications include:
- First-degree murder. The most severely punished homicide offense, this category includes premeditated and intentional killings, killings committed during the commission or attempted commission of certain enumerated felonies, and killings involving the unlawful use of a destructive device.
- Second-degree murder.This classification covers knowing killings of another person, as well as deaths proximately caused by the unlawful distribution of certain controlled substances.
- Voluntary manslaughter.Killings done in the heat of sudden passion generally fall under this category.
- Criminally negligent homicide.Death caused by a person’s criminally negligent conduct where the person fails to perceive a substantial and unjustifiable risk.
Other types of murder charges in Tennessee include vehicular homicide and reckless homicide.
Our experienced attorneys can help you understand your murder charges and what the potential consequences of a conviction may be.
What is felony murder in Tennessee?
In Tennessee, “felony murder” applies when a killing occurs during the commission or attempted commission of certain specified felonies. For example, if an individual participates in a bank robbery and a teller is killed in the process, the participants may be charged with a felony murder. To prove felony murder, the state must prove beyond a reasonable doubt that the accused participated in the felony that led to the killing, even if the accused did not personally cause the death.
Felony murder qualifies as first-degree murder in Tennessee. A death sentence is possible only if the State seeks the death penalty and proves one or more statutory aggravating circumstances beyond a reasonable doubt.
The significant penalties of a felony murder conviction make it vitally important that you secure the services of a seasoned Sevierville criminal defense lawyer at our firm. In most cases, felony murder charges are prosecuted as first-degree murder.
What makes a murder case a capital case in Tennessee?
A case becomes a capital case when the State provides notice that it intends to seek the death penalty in a first-degree murder prosecution.
The death penalty is not available for defendants who were juveniles at the time of the offense or who are found to be intellectually disabled under Tennessee law.
Capital cases are also subject to additional procedural rules, including pretrial motions (such as requests for a change of venue), expanded jury selection procedures, and heightened evidentiary standards.
How does Tennessee handle capital cases?
First-degree murder trials that may result in the death penalty within the state of Tennessee consist of two major parts.
The first is the trial phase, where the state must establish guilt beyond a reasonable doubt. If the state is unsuccessful, the defendant is found not guilty, and the case concludes. This is the ultimate goal of our experienced criminal defense attorneys when defending your capital case.
In situations where the trial results in a guilty conviction, the case moves forward into the second phase, the sentencing phase.
Each phase has different rules and defense strategies.
The guilt or innocence phase
Our lawyers represent defendants in all types of murder cases. We represent defendants at pretrial and detention hearings, including bond issues when legally available. Our Sevierville capital defense lawyers also file motions to suppress evidence and obtain dismissals. We understand the many different evidentiary and procedural rules, how to select juries and how to argue your defenses before juries.
The capital punishment phase
Capital punishment may be imposed only if the jury unanimously finds one or more statutory aggravating circumstances beyond a reasonable doubt and further finds that those aggravating circumstances outweigh any mitigating factors beyond a reasonable doubt. This means the State must prove one or more specific statutory aggravating circumstances beyond a reasonable doubt. Some of the statutory aggravating factors that the state may present in an attempt to secure a capital punishment sentence include, pursuant to Tenn. Code Ann. § 39-13-204(i):
- The commission of a felony that resulted in the death
- The victim was particularly vulnerable due to age or health
- The involvement of torture or serious physical abuse
- The victim was 70 or over, or vulnerable due to a handicap or a disability
- A great risk of death to two or more people, other than the victim, during the offense
- The offense was for remuneration
- The offense was especially heinous, atrocious, or cruel
- The offense was committed against any law enforcement officer, corrections official, or other job type listed in the statute
- The offense was committed against a present or former judge, a district or state attorney general, or other officials listed in the statute
A skilled capital lawyer can challenge the State’s evidence and prevent aggravating factors from being proven.
What defenses do you assert in capital cases?
Our defenses to murder charges include self-defense, accidental death, mistaken identity, an alibi, insanity, and other defenses.
Just as the prosecution can present additional factors to secure a capital punishment sentence, your defense attorney can also present factors to mitigate the potential sentence. Some mitigating factors that we may assert for defendants who are found guilty of murder include:
- No significant prior criminal history
- The lack of adequate capacity/diminished capacity to understand the wrongfulness of the conduct
- A disadvantaged background
- The youth or advanced age of the defendant
- Minor participation in a killing committed by another
- Moral justification
- Extreme duress or substantial domination by another
You can trust our dedicated attorneys to develop a defense strategy that will benefit your case.
Do you have a Sevierville capital defense lawyer near me?
Yes. We meet anyone charged with first-degree murder in a case where the State is seeking the death penalty at our Sevierville office located at 124 Court Avenue. If you’re in custody, we can meet you where you’re being held. We also consult with clients by phone and via online video.
We can work with you to obtain the strongest defense strategy possible.
Contact our respected Sevierville capital defense lawyer today
We understand how gut-wrenching capital charges are. Please call us or fill out our contact form to make an appointment. Our criminal defense attorneys are proud to serve clients in Sevierville, Gatlinburg, Pigeon Forge, and throughout Tennessee.