BARNES & Fersten Vehicular Homicide Lawyers in TN

Vehicular homicide in Tennessee is governed by the state’s criminal code, specifically Tennessee Code Annotated (T.C.A.) § 39-13-213. Vehicular homicide is the reckless killing of another by the operation of a motor vehicle. Vehicular homicide may be a Class B, C or D felony depending on the manner upon which the vehicular homicide occurred.  

• Class B Felony: Punishable by 8-30 years: proximate result of the defendant’s impairment or intoxication. Although potentially parole eligible, this charge is not probataion eligible; 

• Class C Felony: Punishable by 3-15 years: proximate result of conduct creating a substantial risk of death or serious bodily injury; 

• Class D Felony: Punishable by 2-12 years: proximate result of 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.  

The penalties for vehicular homicide can be severe. A conviction for vehicular homicide can result in a prison sentence of up to 30 years, as well as fines, probation, and community service. Additionally, a conviction for vehicular homicide can result in the revocation of the person’s driver’s license. 

Our attorneys will carefully review the evidence against you and build the strongest defense possible, whether it’s challenging the prosecution’s evidence or arguing that your actions were not reckless or negligent. Some potential defenses include lack of evidence of impairment at the time of the accident, mechanical issues in the vehicle that was the proximate cause of the accident, or lack of proof that the defendant was driving the vehicle. All the same defenses available in a DUI Case are available in a vehicular homicide case where the proximate cause of the accident is alleged to be impairment.  

NOT GUILTY AND REDUCED CHARGES

Our attorneys have successfully represented clients in vehicular homicide cases where our client’s accident that resulted in the vehicular homicide charges was likely caused by a mechanical issue with the vehicle rather than impairment. In another case, where the deceased and alleged victim was allegedly the passenger in the vehicle, we argued that our client was the passenger rather than the driver of the vehicle. In both cases, we utilized experts across the country to establish each issue individually. 

Nearly every vehicular homicide case will require an expert or numerous experts to establish our theory of the case and/or defense. It is essential that your attorney utilizes experts for your defense against these very serious charges

In any case, the defense strategy will depend on the specific facts and circumstances of the case, so it is important to work with an experienced criminal defense attorney who can help you understand the charges against you and the best defense strategies for your case. The attorneys at Barnes & Fersten have the knowledge and experience to defend you against these serious charges and protect your rights.