Murder and Manslaughter

Let’s face it, if you have been charged with murder then you are in serious trouble. Murder is arguably the most serious crime that you can be charged with and the outcome of your case will have a huge impact on your future. You must have an Attorney that will aggressively protect your rights to ensure you have the best possible chances of winning your case. Your team of murder defense attorneys and experts will need to have years of experience in order to give you the legal advice required to make informed decisions. Don’t settle for a general practice lawyer for your murder case. You need expert help – and you need it now.

The Don Turner Legal Team has everything you will need to successfully fight your murder or manslaughter charges. When you visit our offices, we will carefully go over every facet of your case to help determine a winning strategy. We will do everything in our power to ensure you have the best defense available.

How is Murder defined by law?

Georgia charges Murder in 4 different ways depending on the case facts:

1. Murder – O.C.G.A. 16-5-1(a) – Malice Murder in Georgia is when an individual unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

2. Felony Murder – O.C.G.A. 16-5-1(c) – Felony Murder in Georgia is when an individual, while committing a felony, causes the death of another human being, without intent or malice aforethought to murder.  But, intent to committing the underlying felony is required.

3. Voluntary Manslaughter – O.C.G.A. 16-5-2(a) – Voluntary Manslaughter in Georgia is when an individual causes the death of another human being by acting solely as a result of a sudden, violent, and irresistible passion resulting from serious provocation efficient to excite such passion in a reasonable person.

4. Involuntary Manslaughter – O.C.G.A. 16-5-3(a) – Involuntary Manslaughter in Georgia is when an individual causes the death of another human being without any intention to do so by either committing an unlawful act other than a felony or by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.

What is Malice?

To be convicted of Malice Murder in Georgia, the State must show that an individual had the intent to take a life without legal justification or mitigation.  Malice incorporates this intent to kill.  Malice can be either express – the deliberate intention to unlawfully take the life of another human being; or, malice can be implied – where there is no considerable provocation and where the killing is one of an abandoned and malignant heart – conduct exhibiting a reckless disregard for human life.  Georgia law finds that Malice can be formed in an instant – as long as it is present at the time of the act of killing.

What is the Punishment for Murder in Georgia?

1. Murder – O.C.G.A. 16-5-1(d) – Death or life imprisonment with or without the option for parole.

2. Felony Murder – O.C.G.A. 16-5-1(d) – Death or life imprisonment with or without the option for parole.

3. Voluntary Manslaughter – O.C.G.A. 16-5-2(b) – One to Twenty Years (1-20 years) in custody or partially probated.

4. Involuntary Manslaughter – O.C.G.A. 16-5-3(a) and (b)  – If by an Unlawful act: One to Ten Years (1-10 years) in custody or partially probated; If by Lawful act in Unlawful manner – One year maximum in custody or probated

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