Toll Free: 800-564-6728
Murder Defense in Georgia & Other Homicide Offenses
Georgia does not have degrees of murder like many states. In other words, we do not have a crime known as first degree murder, which usually requires premeditation, and is sometimes referred to as premeditated murder. Nor does Georgia have an offense known as second degree murder.
Murder Charges in Georgia
In Georgia there are two basic types of murder charges –
- Malice Murder, the Georgia charge that is akin to many states’ second degree murder,
- Felony Murder, the Georgia charge that is the unlawful killing of someone while committing a felony.
There are defenses to murder charges, of course, but if convicted, an individual is facing life in prison (with or without the possibility of parole) or the death penalty.
Manslaughter Charges in Georgia
Voluntary manslaughter means that homicide occurred under circumstances that the person acted as a result of a sudden, violent and irresistible passion caused by a provocation likely to excite such passion in a reasonable person. The penalty is imprisonment for one to twenty years.
Felony involuntary manslaughter, which is punishable by one to ten years imprisonment, occurs when an individual causes the death of another person while committing an unlawful act other than a felony. Misdemeanor involuntary homicide involves the killing of another person while committing a lawful act in an unlawful manner.
Homicide by Vehicle in Georgia
Vehicular homicide, which is called "homicide by vehicle" in Georgia, is the unlawful killing of a person while operating a vehicle. It is not necessary for the prosecution to prove either malice aforethought or intent to kill. Georgia’s homicide by vehicle statute authorizes a wide range of punishment, as explained in the succeeding paragraphs.
First degree homicide by vehicle is a felony. In order to be convicted, it must be shown that the death occurred because the accused -
- unlawfully met or overtook a school bus;
- unlawfully failed to stop after a collision;
- was driving recklessly;
- was driving while under the influence of alcohol or drugs;
- failed to stop for, or otherwise was attempting to flee from a law enforcement officer, or
- had previously been declared a habitual violator.
If convicted, the accused is facing 3 to 15 years in the state penitentiary. If the accused had previously been declared a habitual violator, the range of punishment is five to twenty years, and at least one year of the sentence must be served.
Second degree vehicular homicide encompasses unintentional vehicular homicides involving the violation of motor vehicle laws other than those set forth above. For example, a vehicular homicide caused by the failure to yield to oncoming traffic, failure to stop at a stop sign, or an illegal turn, unless reckless driving is alleged, could be charged as a homicide by vehicle in the second degree.
Second degree vehicular homicide is a misdemeanor, punishable by imprisonment or other confinement for up to 1 year, a fine of up to $1,000.00, or both. However, at the judge’s discretion, punishment may be suspended or a probation sentence may be received.
All of these offenses are serious crimes with serious consequences for the accused. We will bring the best firearms examiners, accident reconstruction experts, automotive engineers, or forensic toxicologists to serve on your team.
Recent Case
State v. R.B.D. , Georgia Court of Appeals
This man was accused of murder arising from the stabbing death of his brother. The trial judge allowed into evidence the statement of a witness who passed away before trial, although we had not had an opportunity to cross-examine the person. Despite this ruling, the jury did not find our client guilty of either malice murder or felony murder… Read more about this murder case.
