There is no criminal offense worse than murder. Taking someone’s life is the ultimate crime against society and it is punished by the most severe penalties: life in prison without parole, or even the death penalty in some circumstances. For this reason, when faced with this terrible charge, you must have the best Nashville murder defense lawyer by your side.
As hopeless as the situation may appear to you, there are valid defenses to murder charges. Some of them may see you exonerated. Others may reduce the classification of your crime to a lesser offense, carrying more lenient penalties. Let us examine these potential defenses in murder cases:
1. Self-Defense
Defending one’s life from a potentially deadly attack is a valid affirmative defense in a murder case. However, you will need an experienced lawyer to prove that:
- You honestly and reasonably believed that you had to defend yourself
- You did not initiate the attack requiring defense
- You used an equal amount of force to respond to the attack
To give an example, if you are attacked with a knife by a robber and hit them with the fist causing the robber to hit their head against the pavement and die, you have a valid case of self-defense. You did not start the attack and you only used the force of your fist against an attacker armed with a potentially deadly weapon.
However, if the attacker were bare handed and you shot them with a gun, then your case does not meet the third condition to prove a self-defense case.
2. Defending Another Person
You have the right to defend someone who is attacked by a third party. However, your case must meet several specific conditions. One of them is that the person you are protecting must not be the one who initiated the attack or committing a crime at the moment when they were attacked.
3. Defense of Property
In general, you cannot invoke the defense of protecting your property in a murder case. Depending on the circumstances, this defense may be admissible, especially if you can show that the robber or trespasser also threatened your life.
4. Inability to Intentionally Kill Someone
Hollywood movies popularized the idea of invoking the so-called temporary insanity as a defense in a murder case. In real life, as a Nashville murder defense lawyer will explain, this defense is only partially effective, because it will require a form of confinement, usually in a secure mental health unit.
Also, according to Tennessee Code 39-11-501, you have to bring clear and convincing evidence of the severe mental disease or defect which made you unable to intentionally commit murder. Moreover, the law specifically states that no expert witness can testify as to whether you suffer or not from insanity.
5. Intoxication
Intoxication per se does not lead to being cleared of murder charges. It may be possible to obtain a plea deal for reckless murder or involuntary manslaughter, especially if your lawyer can prove that your intoxication was involuntary (you were not aware that you were consuming intoxicating substances).
6. Duress
Finally, according to Tennessee Code 39-11-504, you may defend a murder charge by proving the existence of a present, imminent threat that prompted you to commit the act resulting in someone else’s death. However, this must be a serious threat which any reasonable person would perceive as resulting in their own death or serious bodily injury if they take no action.
Let an Experienced Nashville Murder Defense Lawyer Protect Your Rights!
Defending yourself from a murder charge is a daunting task. You cannot afford to have anyone but the best legal counsel defending your freedom or even life. At Byron Pugh Legal, you will find a skilled Nashville murder defense lawyer, with extensive experience in court.
We encourage you to contact us immediately after being charged with murder to schedule a free case review at 615-257-9705!
