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Memphis Homicide & Murder Defense Attorney
The Most Serious Criminal Charge There Is
A homicide charge is the most serious criminal case a person can face. Life in prison. The death penalty. The stakes are absolute — and the attorney you hire is one of the most consequential decisions you will ever make.
Attorney Mitch Wood is capital-certified by the Tennessee Supreme Court and won three not guilty verdicts on first-degree murder in 2023 alone. He has tried multiple murder cases in Memphis and Shelby County — and won the majority. He defends every client, innocent or guilty, to the absolute best of his ability. The government is organized, well-funded, and experienced. You need someone who matches that — and has been in that courtroom before.
Charged with homicide in Memphis? The next call you make matters more than almost anything else. Call Mitch Wood: (901) 578-1515.
Attorney Mitch Wood
3 Not Guilty Verdicts on First-Degree Murder in 2023 Alone
Attorney Mitch Wood is capital-certified by the Tennessee Supreme Court — approved to handle death penalty cases, a designation held by very few attorneys in Tennessee. In 2023, he won three not guilty verdicts on first-degree murder charges in Memphis and Shelby County. Three. In a single year. Most criminal defense attorneys in Memphis have never tried a murder case. Mitch has tried multiple — and won the majority.
That level of trial experience is not common, and it matters in ways that go beyond the courtroom. Prosecutors know which attorneys are willing and able to go to trial on a murder case and which ones aren't. When you hire an attorney with a proven record in the most serious cases, it changes how the prosecution approaches your case from the very first hearing. The leverage that creates — in bond hearings, in preliminary hearings, in plea negotiations — is real and it is significant.
If you or a family member is facing a homicide charge in Memphis, the decision you make about legal representation is one of the most consequential decisions of your life. Make it carefully. Make it with someone who has been in that courtroom and won.
Learn more about Attorney Mitchell Wood →
Tennessee Law
Homicide Charges — Definitions & Classifications
Homicide
In Tennessee, homicide is the killing of one human being by another, either lawfully or unlawfully. Homicide includes both murder and manslaughter. A killing is lawful if it is done with justification or as a defense to oneself or another person's imminent threat of being killed.
Murder
Under Tennessee law, murder is defined as the unlawful and unjustified killing of another human being with malice aforethought. "Malice aforethought" is defined as an intention to unlawfully kill a human being. That intention can be either express — such as pulling out a gun, pointing it at a person, and pulling the trigger after making a statement that you are going to kill them — or implied by the circumstances and actions involved.
- First-Degree Murder — premeditated, intentional killing. Class A felony. Life imprisonment or death penalty.
- Second-Degree Murder — intentional killing without premeditation. Class A felony. 15–60 years.
Manslaughter
Unlike murder, manslaughter is the unlawful killing of a human being without malice aforethought. Essentially, the difference between manslaughter and murder is that manslaughter was the result of an accident, heat of passion, or some other act in which the person does not have the mental state to commit murder.
- Voluntary Manslaughter — killing another in the heat of passion, without planning beforehand. The classic example is a person who finds their spouse with another and reacts immediately. Class C felony. 3–15 years.
- Involuntary Manslaughter / Criminally Negligent Homicide — death as an indirect result of recklessness or negligence. For example, running a red light and killing someone in the collision. Class E felony. 1–6 years.
- Vehicular Manslaughter — occurs when a person drives a vehicle and unintentionally but unlawfully kills another. This includes situations where the owner knows there is a defect in the vehicle but continues to drive and someone is killed as a result.
| Charge | Classification | Sentence |
|---|
| First-Degree Murder | Class A Felony | Life imprisonment or death penalty |
| Second-Degree Murder | Class A Felony | 15–60 years |
| Voluntary Manslaughter | Class C Felony | 3–15 years |
| Involuntary Manslaughter | Class E Felony | 1–6 years |
The Defense
How Mitch Wood Defends Homicide Cases
Homicide cases require more preparation, more resources, and more experience than any other criminal case. The prosecution has investigators, forensic analysts, and unlimited time to build their case against you. You need a defense attorney who matches that commitment — and then some.
Mitch investigates independently. He reviews all forensic evidence. He examines the circumstances of any confession or statement made to police — and challenges those statements vigorously when the circumstances warrant it. He retains experts when necessary. He prepares for trial from day one, because in homicide cases, the willingness and ability to go to trial is not just a last resort — it is a negotiating tool that shapes every stage of the case.
If you or a family member has been arrested or is under investigation for a homicide, do not make any statements to law enforcement before speaking with an attorney. Call Mitch Wood immediately: (901) 578-1515.
Common Questions
Homicide Charges in Memphis — What You Need to Know
What is the difference between first-degree and second-degree murder in Tennessee?
First-degree murder requires premeditation — a deliberate, intentional decision to kill. It is a Class A felony carrying life imprisonment or the death penalty. Second-degree murder is an intentional killing without premeditation — the intent to kill existed but was not planned in advance. It is also a Class A felony but carries 15 to 60 years. The distinction between the two charges often turns on the specific facts and circumstances and can be contested at trial.
What is voluntary manslaughter in Tennessee?
Voluntary manslaughter is the killing of another person in the heat of passion, without prior planning. The classic example is a person who discovers their spouse in an act of infidelity and reacts violently in the immediate moment. It is a Class C felony carrying 3 to 15 years. The heat of passion defense requires that the provocation was sufficient and that there was not enough time for a reasonable person to cool down.
Can a homicide charge be justified in Tennessee?
Yes. Tennessee law recognizes self-defense, defense of others, and in some circumstances defense of property as justifications for the use of deadly force. If the killing was legally justified — meaning the defendant reasonably believed deadly force was necessary to prevent imminent death or serious bodily injury — it is not a crime. Tennessee also has a castle doctrine provision. Whether a justification defense applies depends heavily on the specific facts and requires an experienced attorney to evaluate and present effectively.
What should I do if I am under investigation for a homicide in Memphis?
Do not speak to law enforcement under any circumstances without an attorney present. Anything you say — including explanations, denials, or attempts to cooperate — can and will be used against you. Invoke your right to remain silent and your right to an attorney immediately. Then call Mitch Wood. The decisions made in the first hours of a homicide investigation can have profound consequences for the rest of the case.
Does it matter if I am innocent when choosing a homicide attorney?
No. Every defendant — innocent or guilty — deserves the most vigorous defense possible. The government has enormous resources, experienced investigators, and forensic analysts building their case. You need a defense attorney who will challenge every piece of evidence, every witness, and every procedure used in building that case against you. The strength of your attorney matters regardless of the facts.
Why does trial experience specifically matter in a homicide case?
Because prosecutors know who will go to trial and who won't. An attorney who has tried and won first-degree murder cases carries real leverage in every stage of the case — bond hearings, preliminary hearings, plea negotiations. The prosecution's approach to your case changes when they know your attorney has been in that courtroom and won. Attorney Mitch Wood won three not guilty verdicts on first-degree murder charges in 2023 alone.
What is the death penalty eligibility in Tennessee?
In Tennessee, the death penalty is available only in first-degree murder cases where at least one statutory aggravating circumstance is present — such as the murder of a law enforcement officer, murder for hire, murder committed during certain other felonies, or especially heinous or cruel murders. The state must give notice of its intent to seek the death penalty, and a separate sentencing phase is held after a guilty verdict on the underlying charge.
How long does a homicide case take in Memphis?
Homicide cases in Shelby County are among the most complex and time-consuming criminal matters in the court system. From arrest through investigation, preliminary hearings, motions, and trial, a first-degree murder case can take two to four years or more. The timeline depends on the complexity of the evidence, the availability of witnesses, and the court's docket. This is one reason hiring experienced counsel from the very beginning is so critical — the work done early shapes every stage that follows.