What Factors Determine the Severity of a Homicide Charge?

 Posted on November 21, 2025 in Criminal Defense

Homicide crimes refer to the broad area of charges related to the killing of another person, accidental or not. As you would likely expect, these charges carry serious penalties and are often prosecuted as felonies. However, there is a great difference between a charge like voluntary manslaughter and first-degree murder, and making that distinction in court could have a major impact on the outcome of a case.

When your freedom is at stake, a Knox County, TN criminal defense lawyer can fight to protect you. Since first being admitted to the Tennessee Bar in 2012, Jeffrey Coller, Knoxville Criminal Defense Attorney has successfully defended many clients accused of felony crimes. You can trust our firm to walk you through the legal proceedings of a homicide charge, keeping you informed of your rights from start to finish.

Intent Matters in Homicide Charges

If you are accused of killing another person, the mental state behind the alleged act will determine what you are charged with. The most serious offense by this metric is first-degree murder, which involves premeditated intent (Tenn. Code Ann. § 39-13-202). You can be charged with first-degree murder if you make a conscious choice to kill another person after "reflection and judgment," implying that you had time to consider the act before carrying it out.

Premeditation is what separates first-degree murder from other homicide crimes, which may be purposeful but do not involve the same level of forethought. For instance, "knowingly" killing another person is charged as second-degree murder, a lesser offense.

How Does Provocation Affect Murder Charges?

In some homicide cases, the defendant may be accused of killing someone in an extreme emotional outburst brought on by another person’s actions. This crime is referred to as voluntary manslaughter, and while it is not a defense against homicide, it may be a mitigating factor to downgrade a charge of second-degree murder.

To qualify as provocation, the act that incited the killing must have been enough to cause a reasonable person to react irrationally. A commonly cited example is a spouse walking in on an affair and responding with deadly force in the heat of the moment.

Can You Use Deadly Force to Protect Yourself in Tennessee?

The state of Tennessee recognizes that there are situations in which a law-abiding person may have to use deadly force in self-defense. Using or threatening deadly force is permitted if you hold the reasonable belief that you are at risk of death, serious physical harm, or grave sexual abuse. The law specifies that the danger must be real (or that you honestly believed it to be real at the time), and that your belief is reasonable.

The law also provides that you can use deadly force against someone who illegally broke into your residence, as long as you had reason to think that an unlawful, forcible entry had occurred. Making a case for self-defense requires a thorough review of the events leading up to your arrest, which an attorney can carry out on your behalf.

Contact a Blount County, TN Homicide Defense Attorney

A homicide charge of any kind has the potential to destroy your future. Jeffrey Coller, Knoxville Criminal Defense Attorney can aggressively protect your rights, examining all possible avenues for acquittal or a reduced sentence in a case involving murder, manslaughter, or negligent homicide. To schedule a free consultation with our Knox County, TN criminal defense lawyer, call our firm at 865-281-1000 today.