Is Capital Punishment Legal in Tennessee?

 Posted on September 19, 2025 in Criminal Defense

The death penalty is a contentious subject in Tennessee. Proponents argue that it serves as a deterrent against heinous crimes, while opponents bring up ethical concerns about executing the wrong person. At the time of writing, the death penalty is legal in Tennessee, albeit only in very specific circumstances.

If you have any concerns about a case concerning capital punishment, a Union County, TN criminal defense lawyer can provide you with strong counsel and representation to protect your rights. Jeffrey Coller, Knoxville Criminal Defense Attorney has over a decade of experience in criminal law, and in that time, he has defended clients accused of grave offenses. 

What Crimes Are Punishable by Death in Tennessee?

Under state law, the only crime eligible for capital punishment is first-degree murder. However, the court is not required to impose the death penalty on a conviction. As an alternative, the court may consider sentencing the offender to life in prison, and in some cases, life without parole (Tenn. Code Ann. § 39-13-202).

The notable exception in sentencing is that the state law prohibits the execution of "intellectually disabled" defendants. The defendant has to show that he or she had a disability at the time of the alleged crime.

What Counts as First-Degree Murder?

In Tennessee, you can only be charged with first-degree murder in specific cases. These cases are as follows:

• Intentional, premeditated killings

• Killing another person while attempting to commit arson, robbery, theft, burglary, kidnapping, and other qualifying offenses

• A killing committed through the "unlawful throwing, placing, or discharging" of a bomb or other destructive device

• A killing committed during an act of terrorism

• A killing committed during aggravated rape or rape of a child

"Premeditation" is an important term in murder cases. It means someone planned to kill someone else. 

Can I Get a First-Degree Murder Charge Reduced?

To secure a conviction for first-degree murder, the prosecutor must prove your guilt beyond a reasonable doubt. If the specific criteria for first-degree murder are not met, the offense could be reduced to a lesser charge.

For example, if the prosecution proves that you killed somebody on purpose, but not that it was premeditated, you might instead face second-degree murder charges, punishable by 15 to 60 years in prison as a Class A felony. 

The court will also consider whether or not the crime was committed in the heat of the moment, or "in a state of passion." The crime of voluntary manslaughter refers to killing somebody else in a state of passion with significant provocation that would make a reasonable person act irrationally. As a Class B felony, voluntary manslaughter is punishable by eight to 30 years of incarceration.

Meet With an Anderson County, TN Homicide Defense Lawyer

Any case where the death penalty is even remotely possible should be treated with the utmost seriousness. Jeffrey Coller, Knoxville Criminal Defense Attorney can advocate for you in charges of first-degree murder and related offenses. To schedule a free consultation with our Union County, TN criminal defense attorney, call our offices at 865-281-1000 today.