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How does a tragic accident become reckless homicide in Tennessee?

Houston & Alexander, PLLC • Oct 11, 2019

Accidents by their very nature are unpredictable occurrences. There may not have been anything an individual involved in an accident could have done to prevent it. An accident could involve something like your tires slipping on wet leaves despite you driving at lower speeds because of road conditions or someone losing their balance while walking up the stairs.

Many incidents that people classify as accidents were fully preventable if one or more of the people involved had made better choices. The role of personal responsibility and decision-making in an incident that proves fatal will influence whether Tennessee law enforcement officers and prosecutors consider it a true accident or an occurrence of reckless homicide.

Given that the law on reckless homicide is relatively broad, both prosecutors and law enforcement officials involved in a case will have a lot of discretion when determining whether to consider an incident a tragic accident or a preventable, negligent homicide.

What is reckless homicide under Tennessee law?

Determining if your situation should be a case of reckless homicide requires a careful analysis of the circumstances. Tennessee  has a very short law regarding a reckless homicide that designates any death that results from the recklessness of another as reckless homicide.

Many times, reckless homicide charges arise from decisions that people make while driving, such as getting behind the wheel while drunk or doing something willfully dangerous, like racing on public streets.

However, reckless homicide charges could also stem from any situation where the questionable decision of one person resulted in the death of another. There must have been the intent, as well as an understanding that a decision or behavior increases the risk other people face in a particular situation.

What constitutes recklessness?

Recklessness, like beauty or humor, maybe subjective in the eye of the beholder. Typically, to establish that one person engaged in reckless behavior, prosecutors or insurance companies will use the basic standard of reasonable decision-making and knowledge of potential risks.

Specifically, if the actions taken by one person are contrary to what a reasonable person would do in that situation and the person acknowledged potentially increased risk, that could be reckless. When someone does something they know could cause injury to themselves or others, that may also be reckless behavior.

Recklessness typically involves understanding potential consequences and choosing to act in an irresponsible manner anyway. It is possible to  defend against reckless homicide charges  by showing you didn’t realize the risk or intend to endanger others.

What are the potential penalties for reckless homicide?

Under Tennessee law, reckless homicide is a Class D felony offense. The potential consequences will vary depending on the circumstances and the judge who hears the case. Those convicted of a Class D felony could wind up spending between two and 12 years in prison. They may also have to pay a fine of as much as $5,000.

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By Jeremy Shankman • 23 Jul, 2021
Violating Probation in Chattanooga: What Happens Next? There are very few good reasons for violating probation – and many compelling ones for following the terms of your probation to the letter. Even minor violations can result in severe consequences. In some circumstances, where an honest mistake was made or an emergency arose, [...] The post Violating Probation in Chattanooga appeared first on Houston & Alexander PLLC.

Lasting Impacts of a DUI on Personal and Professional Life

By Houston & Alexander, PLLC • 04 Jun, 2021
Lasting Impacts of a DUI on Personal and Professional Life About 4000 people are arrested or charged for a DUI in the U.S every day. Driving under the influence is a common offense, despite the harsh legal consequences. A DUI conviction can lead to a ruthless sentence, which may include indefinite jail time, [...] The post Lasting Impacts of a DUI on Personal and Professional Life appeared first on Houston & Alexander PLLC.

October/November 2020 Newsletter

By Houston & Alexander, PLLC • 04 Nov, 2020
The post October/November 2020 Newsletter appeared first on Houston & Alexander PLLC.

10 Steps in The Federal Criminal Process

By Houston & Alexander, PLLC • 26 Oct, 2020
10 Major Steps in The Federal Criminal Process If you are charged with a serious crime, it is important to know your rights and options. If the crime is a federal offense, it’s equally important to understand how the federal criminal justice system operates. Most who find themselves accused are very unfamiliar [...] The post 10 Steps in The Federal Criminal Process appeared first on Houston & Alexander PLLC.

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By Houston & Alexander, PLLC • 26 May, 2020
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By Houston & Alexander, PLLC • 08 May, 2020
When our loved ones enter a nursing home, we trust their caregivers will help make their lives comfortable and happy in their later years. However, the National Institute of Health estimates that 10 percent of older people experience some form of abuse. Because the abuse of the elderly in nursing homes comes in many forms, the [...] The post Know the Warning Signs of Nursing Home Abuse appeared first on Houston & Alexander PLLC.

COVID-19 – Update from Houston & Alexander, PLLC

By Houston & Alexander, PLLC • 19 Mar, 2020
If you are concerned about coming to the office in-person because of the Coronavirus, we offer full consultations via phone, facetime, and skype. Despite what you may have heard, the police departments and the courts have certainly not shut down. Courts have modified their procedures regarding in-court appearances, filings, bond matters, etc. If you [...] The post COVID-19 – Update from Houston & Alexander, PLLC appeared first on Houston & Alexander PLLC.

What constitutes domestic violence in Tennessee?

By Houston & Alexander, PLLC • 03 Feb, 2020
The occurrence of domestic violence is, unfortunately, a common issue across the United States and in Tennessee. Many victims of domestic violence suffer for a prolonged period because they feel trapped in their situation and are fearful about reporting the incidents to the police. While domestic violence is a serious issue, it is also [...] The post What constitutes domestic violence in Tennessee? appeared first on Houston & Alexander PLLC.

The holidays can make it all too easy to violate your probation

By Houston & Alexander, PLLC • 06 Dec, 2019
If you have faced criminal charges in the last few years and are currently on probation, you may have more reason than most to celebrate during the holiday season. After all, there may have been a time where you were at risk of losing your freedom. That tends to make people grateful for the life [...] The post The holidays can make it all too easy to violate your probation appeared first on Houston & Alexander PLLC.

Vehicular homicide often involves DUI allegations in Tennessee

By Houston & Alexander, PLLC • 16 Aug, 2019
Tennessee has somewhat broad vehicular homicide laws. If the state has any reason to believe that a driver had engaged in some kind of reckless behavior that led to a crash, they can bring vehicular homicide charges against that driver. There are specific provisions in the law for those racing on public roads and those [...] The post Vehicular homicide often involves DUI allegations in Tennessee appeared first on Houston & Alexander PLLC.
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