Nashville, Middle Tennesee Criminal Lawyer - Ben Powers

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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:

  1. Conduct creating a substantial risk of death or serious bodily injury to a person; or
  2. 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
  3. 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
  4. 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.


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:

Franklin, TN attorney Ben Powers has the experience you need for Vehicular Assault criminal defense.

Do not face a Vehicular Homicide charge alone.

The law as you can see above is very complicated. Do not face the full force of the police department investigating the allegation against you, as well as, the District Attorney’s office prosecuting the charge against you alone. You are outnumbered and outmatched if you do. That is why if you are facing a Vehicular Homicide charge in Tennessee or are under investigation for a Vehicular Homicide charge in Tennessee you need a strong attorney who knows how to handle Vehicular Homicide cases, who will fight and advocate for you and your rights, and that knows how to navigate the various complexities of a Vehicular Homicide investigation and charge.

If you are under investigation for Vehicular Homicide or if you have been charged with Vehicular Homicide in Franklin, Nashville, or the Middle Tennessee area, and want a strong criminal defense attorney on your side who will fight for you and your rights then contact Legal Powers, PLLC today for a free consultation to see why our representation is right for you.

Contact Legal Powers today for a free consultation.

Middle Tennessee’s Criminal Defense Lawyer

Legal Powers specializes in criminal law in Nashville and the wider Middle Tennessee area in cases involving misdemeanors, felonies, white collar offenses, DWIs, and other criminal charges. No case is too controversial for our firm and you will get the representation you’re deserved.

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The information in this website is not legal advice. Visiting our website does not constitute an attorney-client relationship. The information provided herein above is intended to be used for informational purposes only.