What is Murder in Georgia?
When someone takes the life of another, regardless of intent or other details surrounding the incident, it is called a homicide. In Georgia, murder is the most severe type of homicide because it is planned and was done on purpose with some type evil intent. For example, a wife plans to kill her husband for months by poisoning his food or a gang member plans to assistance a rival by shooting into his house.
In a "felony murder" situation, a death occurs during the commission of an "inherently dangerous felony." Basically if you decide to rob a liquor store and accidentally kill the store clerk, then you will be guilty of felony murder. It doesn't matter that you didn't intend to shoot the clerk. The mere fact that you were committing a felony and killed someone can make you guilty of felony murder.
Degrees of Murder
Georgia does not classify murder as first-degree ("cold-blooded" killings) and second- degree (reckless disregard for human life). In Georgia, any killing with malice or a killing without provocation is murder. The severity of the punishment will depend on the seriousness of the surrounding circumstances.Other types of homicides include voluntary manslaughter and involuntary manslaughter.
Murder and felony murder cases are usually considered among the most heinous crimes and as such, the most severe punishments are reserved for them including life in prison or the death penalty.
Difference Between Murder and Manslaughter
Murder involves what is called "malice aforethought" which means that the act of killing was intentional. On the other hand, manslaughter is the unlawful killing of another person without direct intention or attempt. Essentially manslaughter could be considered an accident while murder is not.
Georgia Murder Laws Overview
Below you will find key provisions of murder laws in Georgia.
||Georgia Code Section 16-5-1
|What is Prohibited?
Causing the death of another person:
- with (express or implied) malice; or
- during the commission of a felony.
|Felony Murder Rule
||A person commits felony murder (murder) if any death (even an accidental one) results from the commission of certain violent felonies -- such as arson, burglary, kidnapping, rape, and robbery.
||Death penalty or life imprisonment. See Georgia Code Section 17-10-30, et seq for details.
Possible wrongful death lawsuit.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching..
Georgia Murder Laws: Related Resources
For more information related to this topic, you can click on the links below:
Get Legal Help with Your Murder Case in Georgia
Conviction under Georgia's murder laws can result in serious consequences, such as capital punishment or life imprisonment. Considering the severity of the consequences, it's in your best interest to contact a criminal defense attorney in Georgia to find out your best options for defending against a murder charge.