Vehicular Homicide Defense Attorney in Tennessee
Vehicular Homicide in Tennessee
Under Tennessee law, there are four different theories of Vehicular Homicide that the District Attorney for the State of Tennessee may use to charge an individual with the offense of Vehicular Homicide. In Tennessee, Vehicular Homicide as the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:
- Conduct creating a substantial risk of death or serious bodily injury to a person; or
- The driver’s intoxication as set forth and defined under Tennessee’s DUI laws (hyperlink “Tennessee DUI laws” to the DUI page(s) on the website); or
- Conduct constituting the offense of drag racing as prohibited under Tennessee laws (I’ll make a page about drag racing to be able to hyperlink “drag racing as prohibited under Tennessee laws” to); or
- The driver’s conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker.
Each definition above has key terms and definitions that Tennessee courts have given specific interpretations and meanings. Additionally, there are several constitutional rights that apply to Vehicular Homicide investigations; such as your right to remain silent and your right to be free from unreasonable searches and seizures. These rights are important in all investigations but especially in investigations related to Vehicular Homicide charges.
As you can see the definitions and various theories of Vehicular Homicide in Tennessee are especially complex. And each term of the different definitions and theories have specific meanings. And each theory utilized has different elements which have a direct impact on the seriousness of the charge.
Having a knowledgeable attorney who knows the law and how to effectively analyze the State’s case against you is of the utmost importance when the consequences of a violent felony conviction are on the line.
CONSEQUENCES OF A VEHICULAR HOMICIDE CONVICTION IN TENNESSEE:
Importantly, each theory and definition above have different potential punishments if convicted. In other words, the theory of Vehicular Homicide that the State of Tennessee charges someone with has a direct impact on the potential punishment that person faces. However, all of the theories of Vehicular Homicide carry the possibility of very lengthy jail or prison sentences.
Under theories No. 1 and No. 3 of Vehicular Homicide above, the individual charged faces a Class C Felony which, under Tennessee law, carries the possibility of 3 – 15 years to serve in jail or prison if convicted as charged.
Whereas, an individual charged under theory No. 4 of Vehicular Homicide above, faces a Class D Felony which carries the possibility of 2 – 12 years to serve in jail or prison if convicted as charged.
The most serious theory of Vehicular Homicide in Tennessee is theory No. 2 above which is a Class B Felony that carries the possibility of 8 – 30 years in prison if convicted as charged.
The Importance of Hiring An Attorney:
Given the seriousness of a Tennessee Vehicular Assault charge it is especially important to have a skilled criminal defense attorney on your side.
A strong criminal defense attorney is capable of challenging the allegations and alleged evidence against you, can properly advise you as the case evolves and moves forward through the courts, and knows how to effectively advocate for you as he navigates the criminal system.
If you are under investigation for or have been arrested or charged with Vehicular Assault in Franklin, Nashville, or the Middle Tennessee area, and want a strong criminal defense attorney like the one described above on your side fighting for you and your rights then contact Legal Powers, PLLC today for a free consultation to see why our representation is right for you.