In order to understand the legal definition of murder in the state of Georgia, it’s important to understand the difference between murder and homicide. While the two terms may be used interchangeably, murder and homicide hold two very distinct legal definitions.
Homicide refers to any actions by which one person, regardless of intention, causes the death of another. A broad legal term, it covers anything from accidents to intentional murder.
Murder refers to a premeditated homicide, one where the perpetrator had clear intent and malice aforethought prior to the incident, or a homicide committed during the commission of a felony.
The ultimate difference, then, is intention, either intent to kill or intent to commit a dangerous felony. Murder is considered by the State of Georgia to be the most severe form of homicide. And just as murder is considered a form of homicide, there are several different types of murder, each of which holds its own legal definition.
The Four Main Types of Murder in Georgia
In many states, the law differentiates murder by various types of degrees – first, second, third, etc. This allows prosecutors and law enforcement to adjust consequences based on the severity and consequences of the crime. The state of Georgia, however, only recognizes murder in the first and murder in the second degree, and its definition of murder in the second degree is fairly narrow. As such, most prosecutors will charge defendants with one of two types of first-degree murder.
Malice Murder, otherwise known as intentional murder, relies entirely on the prosecution proving that the defendant specifically intended to commit the murder of another. The state is not required to establish a motive in cases of malice murder, so long as they can establish malice aforethought. A term meaning that the defendant was intentional and premeditative in their actions, malice aforethought can be either express or implied.
In this case, expressed malice means that the defendant had a clear goal of committing murder. Implied malice indicates negligence to a degree wherein a reasonable person would understand they were likely going to cause another person’s death. Under Georgia law, a conviction of malice murder can result in life in prison or the death penalty.
Felony Murder is a broad legal provision covering deaths that the defendant caused while in the act (or attempted act) of committing a felony. Examples of this could be arson, kidnapping, burglary or assault. Even if the resulting act is accidental, by virtue of the defendant having caused it while committing a separate felony, it can be prosecuted as felony murder. Additionally, the death in question does not even have to happen right away to result in felony murder charges.
Prosecutors tend to pursue this charge because it carries a lighter burden of proof than malice murder, as they do not to prove intention, merely that the death occurred during the commission of a different felony. Like malice murder, felony murder carries the same possibility of life imprisonment or the death penalty.
Second-Degree Murder charges, under Georgia law, are filed when the victim is a child, their death a result of second-degree cruelty to children as defined by Georgia Code O.C.G.A. § 16-5-70(c). This does not require intention, but rather results when a criminal negligence case of a child under the age of 18 suffers from mental or physical pain and subsequently perish. Prosecutors need only to prove that the defendant ignored the significant risks of their actions (or failure to act), causing the death in question in order to secure a second-degree murder conviction. In cases of second-degree murder, those convicted face a prison sentence between 10 and 30 years.
Finally, prosecutors can pursue charges of attempted murder in cases where the actions of the defendant were intentional, but ultimately unsuccessful. The obvious difference between attempted murder and murder is the death of the victim, attempted murder nonetheless shows that the defendant acted with malice aforethought. To secure a conviction prosecutors need to show that the defendant acted with intention and took steps to cause another person’s death, but failed. Georgia law defines attempted murder as a felony, with a prison term between 1 and 30 years depending on the circumstances of the case and the defendant’s criminal history.
Defending Against Murder Charges
Your attorney will have several strategies at their disposal to defend you in court against murder charges, depending on the circumstances of your individual case.
- Accidental and Unavoidable Killing: Rather than an intentional act of murder, your attorney can show that the death resulted from a completely unforeseeable accident, one that was not intended or premeditated and could not have been avoided.
- Self-Defense or Defense of Others or Property: This defense attempts to prove that the defendant acted only to protect themselves, others or their own home from danger or destruction, and that they acted justifiably in defense.
- Insanity: This is primarily used in cases where the defendant lacked the rational capacity to understand their actions or differentiate between right and wrong at the time of the death.
Securing a Bond Hearing
Under Georgia law, a motion for a bond must be filed with the Superior Court and only a Superior Court judge can determine bond in murder cases. Not only are bonds in these cases set considerably high, but they can also take several weeks to determine. And while awaiting a hearing, the accused remains incarcerated.
Preparation Matters
The key to any defense against murder charges, no matter the type, is preparation. The side that understands the case deeper, through protracted investigations into every facet of the incident, every detail of those involved, and every scrap of evidence, presents a stronger case. At The Busbee Law Group, we’ve seen the kind of successful outcomes this exhaustive preparation yields, and because of this we’re willing to go further than the prosecution in uncovering the truth. If you or someone you love is being investigated for murder in the state of Georgia, fill out the form below to schedule a free, no-obligation evaluation of your case.