Have you been charged with attempted murder in Georgia and do not know why?

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Georgia law provides that 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. Express malice is that deliberate intention unlawfully to take the life of another human being which 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. Implied malice is a term which has been defined to mean conduct exhibiting a reckless disregard for human life. Specifically, the Supreme Court of Georgia has held that extremely negligent conduct, which creates what a reasonable man would realize to be not only an unjustifiable but also a very high degree of risk of death or serious bodily injury to another or to others – though unaccompanied by any intent to kill or do serious bodily injury – and which actually causes the death of another, may constitute murder. Reckless disregard for human life may be the equivalent of a specific intent to kill. Evidence that the defendant acted in reckless disregard for human life is, for purposes of demonstrating his guilt of the crime of malice murder, as equally probative as evidence that he acted with a specific intent to kill. So, when does the charge become attempt? A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime. Intentionally shooting someone can be a substantial step toward the commission of the crime of murder.

For attempted murder, the court will look to your prior intentional acts of violence against the alleged victim. Similarly, if you do not have prior difficulties with the alleged victim, this lack of evidence may support a claim the act was not intentional.

In a Georgia case of Mills v. State, the Supreme Court held in 2010 the evidence supported a finding of both express and implied malice. The defendant had threatened to kill the victim in the past if he caught her cheating on him and had cut her while holding a knife to her throat. The defendant again threatened to kill the victim just hours before the shooting. Later, while high and drunk, the defendant complained that the victim had another man coming to their residence too frequently, and, to show he was serious, the defendant climbed into bed with the victim holding a loaded 9mm handgun with his finger on the trigger, pointed the gun at her, and shot her in the head while her two-year-old son was on the bed next to her. He then failed to seek medical aid and instead sought to dispose of the murder weapon. This evidence was sufficient to show from the external circumstances that the defendant caused the victim’s death with deliberate intention, thereby establishing express malice. In addition, there was no “considerable provocation” for the shooting even under the defendant’s own version of events, and a rational jury could find that the circumstances surrounding the killing showed that the defendant had an abandoned and malignant heart, thereby establishing implied malice.

Have you been charged with attempted murder in Georgia please call our office 24/7 at 404-581-0999. We will sit down with you and fully discuss your case and what to expect in court. There is no charge for the initial consultation. You will only retain us if you feel we are the best law firm to represent you. It is your case and your life so you need to hire the lawyer that you feel gives you the best chance to win.

My loved one has been arrested for a felony in Fulton County, what happens now?

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Everyone arrested for a felony within Fulton County will be taken to the Fulton County Jail or Rice Street to be booked in. After someone is booked, they will be scheduled for First Appearance, typically the next day. The purpose of First Appearance is to inform you of the charges and set a bond. First Appearance is heard by a Magistrate Court judge.

There are four factors that the judge will consider when setting or denying a bond. The factors are that the accused 1) is not a risk of fleeing the jurisdiction or failing to appear in court, 2) doesn’t pose a significant danger to any person or the community, 3) isn’t a risk of committing a new felony, and 4) is not a threat to intimidate witnesses or otherwise obstruct justice. The judge will also take the person’s criminal history, any history of failing to appear in court, and the nature of the allegations into account when considering bond. Bond may be denied based on the type of charge. There are certain crimes – e.g. murder, armed robbery, sex crimes, etc. – that can only be heard by a Superior Court judge.

If bond was denied and your loved one is still incarcerated, they are entitled to a preliminary or probable cause hearing. This is when the State has to bring witnesses to prove the allegations by a probable cause standard or that there is a reasonable belief that the accused committed the alleged act. It is very important to have an experienced advocate to cross-examine and challenge the State’s witnesses and evidence.

If your loved one has been arrested for a felony in Fulton County, please give us a call at 404-581-0999 for a free consultation.

Homicide, Murder, and Manslaughter Charges in Georgia

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In our criminal justice system “homicide” is a broad umbrella term which encompasses different types of specific crimes. Homicide is generally defined as the killing of another person without justification or defense. This blog article aims to explore the different types of homicides under Georgia law.

 

Murder

 

O.C.G.A. § 16-5-1 sets out the ways a person can commit the offense of murder and second-degree murder.

 

  • 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.

 

Express malice is that deliberate intention unlawfully to take the life of another human being which 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.

 

  • 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.

 

This is also referred to as “felony murder.”

 

  • 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.

 

Punishment if Convicted

 

A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life. A person convicted of the offense of murder in the second degree shall be punished by imprisonment for not less than ten nor more than 30 years.

 

Manslaughter

 

In Georgia, manslaughter can be either voluntary or involuntary.

 

Under O.C.G.A. § 16-5-2, a person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.

 

Essentially, the law recognizes that a person can become so inflamed by passion or provoked to a certain degree that it negates the mental state of “malice” found in murder charges. Because there is no malice, a jury is authorized to convict a person on the lesser offense of voluntary manslaughter.

 

Examples of sufficient provocation or irresistible passion have been held to include adultery (Raines v. State, 247 Ga. 504 (1981)) and battered person syndrome (Paslay v. State, 285 Ga. 616 (2009)). Evidence of anger alone is not sufficient to set aside malice. It is also important to note there can not be a “cooling off” period between the provoking act and the killing.

 

A person who commits the offense of voluntary manslaughter, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years.

 

Pursuant to O.C.G.A. § 16-5-3, A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony.

 

In the situation of an unlawful act, upon conviction thereof, the person shall be convicted of a felony and punished by imprisonment for not less than one year nor more than ten years.

 

A person also commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.

 

Here, during the commission of a lawful act in an unlawful manner, upon conviction thereof, the person shall be punished as a misdemeanor.

 

Contact Us

 

Homicides are investigated aggressively by law enforcement. These crimes are extremely serious. If you or someone you know has been charged with a crime involving the death or another, please contact our office today at 404-581-0999 for a free consultation.

Homicide in Georgia: Blood

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Does it matter in Georgia criminal defense that the victim in a murder case was impaired on drugs or alcohol at the time he was killed?

Yes and no. 

In all homicide cases, pursuant to the Georgia Death Investigation Act, a Georgia medical examiner will perform an autopsy for potential prosecution.  Six of Georgia’s 189 counties have their own medical examiner’s offices including Gwinnett, Cobb, DeKalb and Fulton.  In all other counties in Georgia the individual counties contract with the Georgia Bureau of Investigation to perform their examinations.

What’s the procedure?

In almost all cases the medical examiner will draw central blood, urine and vitreous fluid from the body of the decedent.  However, the medical examiner will not order the bodily fluids to be tested by the forensic toxicology division for impairment.  Further, you must be aware, in a homicide case the GBI will hold the specimens for only 24 months before destroying them.  IN order to preserve and test the samples, the GBI will need a copy of a court order or written authorization from the prosecuting agency to test the samples.

Will this be used in court?

Assuming the results come back as showing impairment in the “victim’s” blood the argument over whether they come in depends on relevance.  Generally, a murder victim’s character is not admissible unless there is some connection as to the reason it is coming in.  Generally speaking, an expert’s testimony as to the effects of the impairing substance will be necessary.

Call us today if you or someone you love has been charged with Murder in the state of Georgia. We would love to meet with you for free. Our number is 404-581-0999.