Atlanta Homicide Lawyer

Of all criminal accusations, homicide may be the most terrifying. While Georgia theoretically permits the death penalty for a few serious offenses, prosecutors typically only seek the death penalty in murder cases. In addition, a murder conviction carries a hefty minimum sentence, and a second conviction carries a mandatory life sentence. 

You must always invoke your constitutional rights to remain silent and get the assistance of an attorney, but especially in a homicide investigation, as it can be a life or death decision. Once law enforcement identifies a suspect in a murder investigation, they may look for evidence supporting their case theory. In addition to handling trials and plea bargains, our criminal defense attorneys also work with the police before they bring charges. By pointing out alternative theories of the case and demonstrating weaknesses in the state’s evidence, an Atlanta homicide lawyer may be able to get the charges mitigated or dismissed.

State Homicide Laws

Georgia Code §§ 16-5-1 – 16-5-5 contains the state’s homicide statutes. A homicide is a crime resulting in the death of another. The state has three broad categories of homicide — murder, voluntary manslaughter, and involuntary manslaughter. A homicide must involve a crime. For example, self-defense can result in someone’s death but is not a crime. 

Some states divide murder into degrees based on factors like premeditation, but this one only has one murder charge. Intent differentiates murder from other homicide charges. The killer must have the conscious intent to take a life. The intent can be implied. For example, someone who commits a felony that leads to death may be guilty of murder, even if there was no intent to kill the victim, because the state views murder as a foreseeable result of felonies. When the state considers the circumstances sufficiently severe, it may even seek the death penalty. 

Voluntary Manslaughter

While the state does not use the term premeditation, the lack of premeditation is one of the elements that reduces a homicide to voluntary manslaughter. Voluntary manslaughter happens when a person commits a homicide while under the influence of sudden and extreme passion. There must be evidence of provocation and a lack of a cooldown period. The sentence for voluntary manslaughter can be up to 20 years.

Voluntary Manslaughter

Involuntary manslaughter occurs when someone’s criminal negligence causes a homicide, but the homicide is an accident. There is no specific intent to cause a death. However, the reckless or negligent behavior made a homicide foreseeable. The sentence for involuntary manslaughter can be up to 10 years. In a few limited circumstances, the state may charge involuntary manslaughter as a misdemeanor, which will reduce the maximum sentence. 

The penalty for homicide can range from probation to a mandatory life sentence, so it is vital to get the help of an attorney in Atlanta who understands the state’s laws. The state will frequently charge a defendant with a higher charge to give them leverage in plea negotiations because they can always make reductions before taking a case to court.

Mandatory Sentencing and Homicides

In 1995, Georgia passed the Seven Deadly Sins Law as part of the state’s recidivism statutes, Georgia Code § 17-10-7. This law is an attempt to impose harsher punishments on first-time offenders who commit one of seven offenses — kidnapping, rape, armed robbery, aggravated sexual battery, aggravated child molestation, aggravated robbery, and, of course, murder. In addition to being ineligible for parole, people will not get credit for a good time but will have to serve the entire sentence. 

Not all homicides fall under this statute, but murder convictions do. Knowing that information helps Atlanta lawyers plan a defense strategy that could give a defendant the best results under the circumstances. 

Consult a Homicide Attorney in Atlanta

The facts of your case determine which defense strategies are possible. Before speaking to the police, you should consult with an Atlanta homicide lawyer and share those facts. One of our attorneys could use that knowledge to obtain additional information for law enforcement and help you decide the most effective strategy for your defense. To find out more, call today to schedule a consultation.