Murder

What Is Murder in Georgia?

Murder in Georgia is the unlawful killing of another person under the state’s homicide laws. Georgia does not use the same first-degree and second-degree system that many states use; instead, it charges murder based on intent and circumstances. Murder is one of Georgia's Seven Deadly Sins crimes.

Types of Murder Charges

Murder O.C.G.A. § 16-5-1

A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.

Malice Murder O.C.G.A. § 16-5-1

is a felony crime based on a belief that the accused had deliberate intention to take the life of another person, and the act is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

Murder Second Degree O.C.G.A. § 16-5-1

A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.

Attempted Murder O.C.G.A. § 16-10-32

A person can be charged with attempted murder if it is believed they had an intent to kill someone, and takes deliberate, measurable steps toward killing someone.

Attempted murder sentences can be elevated if the act involved a firearm, witness tampering, to cause physical or economic harm to another person with the intent to hinder, delay, prevent, or dissuade any person from participating in certain legal efforts, or targeted public officials or police.

Defense Strategies for Murder Charges

Defense strategies for people charged with felony murder, malice murder, or murder in the second degree charges in Georgia are complex. A murder defense lawyer can challenge alleged intent, and destruct the prosecutor's storyline, assumptions, and forensic evidence.

In felony murder cases, defense lawyers can argue that the underlying felony was weak, unsupported, or unrelated to the death.

In malice murder cases, defense lawyers may strive to demonstrate a lack of malice, justification of self-defense, or even that the tragedy was simply an accident.

In murder in the second degree cases, defense lawyers can challenge that case facts meet the criteria for the charge. The state must prove the existence of child cruelty and have solid evidence. Common faults are constitutional violations, lack of evidence, and police field errors, and lack of credible witnesses.

Murder Punishments

Murder is a felony crime which carries a punishment of death penalty, imprisonment for life (possibility of parole), or imprisonment for life without parole.

Malice Murder is a felony crime which carries a punishment of death penalty, imprisonment for life (possibility of parole), or imprisonment for life without parole.

Murder Second Degree is a felony crime punishable by imprisonment for not less than ten nor more than 30 years.

Attempted Murder is a felony crime, punishable by 1-30 years in prison.

Georgia Law: O.C.G.A. § 16-5-1 — 16-5-5

Click the following link to see the full law for murder in Georgia. This covers murder, malice murder, and murder in the second degree.

Contact a Murder Attorney

If you are being investigated for, or charged with, murder we recommend calling our law firm as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. Get control of your situation. Call 678-880-9360 to schedule a free consultation with a criminal defense attorney.