Memphis Murder and Assault Attorney

Defending Clients Facing Serious Violent Crime Charges

Facing charges of murder in Tennessee can result in severe penalties if you are convicted, ranging from lengthy prison sentences to substantial fines and more. Understanding the complexities of your case and the legal landscape is crucial to mounting an effective defense. 

Our legal team is deeply familiar with the Tennessee judicial system, allowing us to navigate your circumstances' intricacies precisely. We understand that each murder charge presents unique challenges and requires a customized defense strategy, whether it involves forensic evidence or eyewitness testimony. At Ferguson McNeil Law Firm, P.A., we work diligently to investigate all details surrounding your arrest and charge to uncover any procedural errors or rights violations that could influence your defense.

Facing murder or assault charges in Memphis? Call Ferguson McNeil Law Firm, P.A. today at (901) 878-5434 or contact us online to protect your rights and your future.

What Is Murder?

The element that changes a charge from homicide to murder is the presence of malice aforethought. It means that you intended to kill the person and that this intention was in place before a confrontation began.

Understanding the distinction between different forms of homicide is critical. First-degree murder typically involves premeditation, while second-degree murder might occur in the heat of the moment with a reckless disregard for life. Knowing the exact nature of the charge is essential for crafting a robust defense strategy. Our firm dissects each accusation's legal nuances, ensuring that your defense is thorough and precisely targeted to the charges against you.

An example of homicide without premeditation is a situation in which you got into a heated argument, a fight broke out, and a victim died as a result of the fight. If you are convicted of the crime of murder, then you could face life imprisonment, hefty fines, and even the death penalty in some cases.

What Is Assault?

Assault can also result in severe penalties upon conviction. This is the crime of intentionally causing bodily injury to another person, intentionally causing reasonable fear of bodily injury, or engaging in intentional physical contact that could be considered offensive. If you are charged with this violent crime, you need to seek legal assistance as soon as possible.

There are various degrees and types of assault, such as aggravated assault, which involves a higher degree of harm or the use of a weapon. Understanding the differences between simple and aggravated assault can critically affect the defense approach. At Ferguson McNeil Law Firm, P.A., we evaluate the evidence, witness statements, and the circumstances surrounding the incident to mitigate the charges and prepare a strong defense. Our proactive investigation and diligent approach can often uncover factors contributing to a more favorable outcome, such as demonstrating self-defense or disproving victim allegations.

What Are the Penalties for Murder & Assault in Tennessee?

In Tennessee, the penalties for murder vary based on the degree of the crime and specific circumstances:

• First-Degree Murder: This involves the premeditated, intentional killing of another person. Penalties may include life imprisonment without parole or, in certain aggravated circumstances, the death penalty.
• Second-Degree Murder: This involves the intentional killing of another person without premeditation or extreme recklessness. Penalties range from 15 to 60 years in prison, depending on the case.
• Voluntary Manslaughter: This involves the intentional killing of another person in a sudden passion or extreme emotional disturbance. Penalties range from 3 to 15 years in prison.
• Aggravated Felony Murder: This is a type of first-degree murder involving additional aggravating factors, such as killing in the course of another felony (e.g., robbery or rape). Penalties include life imprisonment without parole or the death penalty.

The penalties for assault also vary depending on the severity of the offense:

• Simple Assault: This involves causing bodily injury or making threats of harm without a weapon or serious injury. This can lead to a Misdemeanor Class A, which carries penalties of up to 11 months and 29 days in jail, fines up to $2,500, and possible restitution.
• Aggravated Assault: This involves causing serious bodily injury, using a deadly weapon, or assaulting someone in a manner that is especially dangerous. You may face a Felony Class C, which includes 3 to 15 years in prison and fines up to $10,000. 
• Domestic Assault: Assault that occurs between individuals in a domestic relationship, such as spouses, partners, or family members. Depending on the case, this could be classified as a Class A Misdemeanor or Class E Felony. If aggravated or if there are multiple offenses, it can lead to 1 to 6 years in prison and fines up to $3,000.
• Assault with a Deadly Weapon: Assault involving the use of a weapon capable of causing serious injury or death. This is a Felony Class C, which carries 3 to 15 years in prison and fines up to $10,000. Class B, which applies in more severe cases, carries 8 to 30 years in prison and fines up to $25,000.

Choosing a Memphis Murder & Assault Attorney: What to Consider

Selecting the proper legal representation is crucial when facing serious charges such as murder or assault. In Memphis, you must consider an attorney's familiarity with local laws, courtroom procedures, and track record with similar cases. Ferguson McNeil Law Firm prides itself on being deeply embedded within the Memphis community, with insights into local judicial tendencies that only decades of practice can provide. Our firm is consistently recognized for its commitment to client needs and ability to communicate complex legal concepts in an understandable way.

When choosing a criminal defense lawyer, it's essential to consider the resources they have at their disposal. At Ferguson McNeil Law Firm, P.A., we utilize a team of professionals, including investigators and paralegals, who work tirelessly to support the development of robust defense strategies. This extensive support network can often make the difference in uncovering new evidence or perspectives that may shift the case's outcome in your favor.

Understanding Tennessee's Self-Defense Laws

Tennessee recognizes the right to self-defense under specific conditions, providing legal protection for those who need to defend themselves against imminent harm. This can be a pivotal factor in both murder and assault charges, as claiming self-defense can alter the entire legal strategy. At Ferguson McNeil Law Firm, P.A., we meticulously assess whether self-defense is a viable argument by examining all aspects of the altercation. This includes understanding the extent of the threat faced, the proportionality of the response, and whether there was a duty to retreat under the circumstances.

Our defense strategies often include reconstructing the event and consulting with subject matter experts to provide credible testimony on the dynamics of self-defense situations. By presenting a comprehensive case supported by evidence and expert testimony, we aim to establish reasonable doubt or demonstrate the necessity of your actions concerning the charges. Our objective is always to uphold your rights and protect your future.

Contact Our Memphis Murder and Assault Lawyer Today 

If you are facing criminal charges, you need to seek our legal assistance. Our Memphis criminal defense lawyers are tough and highly experienced litigators. We understand the severity of your situation and can provide you with the representation you need.

We utilize investigators, paralegals, and attorneys to provide our clients with the comprehensive legal assistance they need. We work up front to pursue a favorable outcome and work behind the scenes to dismiss a case.

Our firm focuses exclusively on criminal defense, and we bring more than 35 years of experience to your case.

Take control of your defense now. Contact our trusted Memphis murder and assault attorney to start building your case with experience and dedication on your side!

Frequently Asked Questions: More Insights on Murder & Assault

What should I do if I'm accused of murder in Memphis?

If you're accused of murder in Memphis, it's vital to act quickly and contact a qualified criminal defense attorney such as those at Ferguson McNeil Law Firm, P.A.. Avoid speaking to law enforcement without legal representation to prevent inadvertently incriminating yourself. Your lawyer can guide you through the legal process, ensuring your rights are protected while building a comprehensive defense strategy. Early intervention can be critical to preserving evidence and witnesses' accounts, which can significantly affect the outcome of your legal proceedings.

What is the statute of limitations for an assault charge in Tennessee?

In Tennessee, the statute of limitations for assault typically ranges from one to four years, depending on the severity of the charge. However, certain circumstances can affect these timelines, such as if the accused is out of state. Understanding these legal timeframes is essential for the accused and victims seeking justice. Consulting with an attorney ensures you receive timely legal advice and that all necessary actions are taken within the appropriate legal timeframes.

How does Tennessee law classify aggravated assault?

Aggravated assault in Tennessee is a more serious offense than simple assault, often involving the use of a weapon or inflicting serious bodily injury. Classified as a felony, it carries heavier penalties, including significant prison time and high fines. Understanding the specifics of these charges is vital to forming an adequate defense, as the implications are severe both legally and personally. Our team thoroughly reviews every aggravated assault case to prepare the most effective defense strategy possible.

What factors influence the penalties for murder in Tennessee?

Several factors influence the penalties for murder in Tennessee, including the degree of the murder charge (such as first degree or second degree), the presence of aggravating factors, and the defendant’s criminal history. Additional elements, like mitigating circumstances or self-defense claims, can also play a pivotal role in sentencing. Defendants must have experienced legal counsel to navigate these complexities and advocate for the fairest outcome based on the case's specifics.

What steps should I take immediately after an assault incident?

Immediately following an assault incident, it is crucial to ensure your safety and the safety of others involved. Seek medical attention if necessary, as documentation of injuries can be pertinent to the case. Contacting law enforcement to file a report establishes an official record of the incident, which is beneficial in legal proceedings. Crucially, reaching out to a legal professional promptly enables you to understand your rights and obligations moving forward, ensuring your best interests are protected from the outset.

Can previous criminal records affect a current assault or murder charge?

Yes, previous criminal records can significantly affect current assault or murder charges. A history of similar offenses could potentially result in harsher penalties, as courts may consider those patterns when determining sentencing or bail. However, a skilled defense attorney can work to mitigate the impact of prior records by focusing on the specifics of the new accusation and challenging any prejudices or assumptions about a defendant’s past.