Being charged with Murder in Georgia can literally mean the difference between life and death. Georgia citizens are often accused for murders they did not commit and it takes a dedicated lawyer to fight and win a murder trial.
In Georgia, the prosecutor can charged a citizen with two different types of Murder, Malice Murder and Felony Murder. Malice Murder is when an individual unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Malice means the intent to take a life without legal justification or mitigation. Interestingly, the State does NOT need to prove a motive in order to obtain a conviction for malice murder. Instead, the State will attempt to show that the person accused deliberately intended to take another person’s life.
Alternatively, the State can charge someone with Felony Murder. Felony Murder is when someone, in the commission of a felony, causes the death of another human being irrespective of malice. The classic example is the bank robber who pulls a gun on the clerk. The robber doesn’t shoot the clerk, but the clerk has a heart attack from the shock of seeing a gun. In that situation, the State would charge the robber with Felony Murder.
In almost every case, the State will charge our clients with both Malice Murder and Felony Murder. It is important to realize that the there are defenses that are unique to every murder case. Whether it be self-defense or an alibi, it is important to explore the facts of each case individually and establish a game plan going into trial. We have found at W. Scott Smith P.C. that the most effective way to defend against Murder charges is to investigate the case right away. The police will often zero in on one suspect and ignore all other possibilities. It is in those situations that investigating ALL possible outcomes is critical to presented a successful defense to the jury.
If you or a loved one is facing a charge of Murder in Georgia it is critical that you call at 404-581-0999 for a free consultation.