Homicide charges can range from intentional acts of murder to reckless incidents that result in the unfortunate death of another. Conviction for these crimes carries some of the most severe penalties under Georgia’s justice system.
The counsel of a DeKalb County homicide lawyer could help you or a loved one understand their rights during trial and raise appropriate defenses in a case. Learn more about the varying degrees of homicide charges below and contact the office of criminal defense attorney Robert James to schedule a consultation.
The Different Degrees of Homicide Charges Under the Georgia Criminal Code
Georgia Criminal Code § 16-5-1 defines murder as causing the death of another with premeditated malice that is either express or implied. Evidence of premeditated malice could come in the form of words, writing, and other acts that show malicious intent.
A murder charge under Georgia law can also arise when a person causes the death of another during the commission of a felony in DeKalb County, such as robbery or aggravated assault. The penalty for murder in Georgia is either death or life imprisonment—with or without the opportunity for parole. Below premeditated murder in Georgia is murder in the second degree, which applies in cases where cruelty to a child results in their death. Second-degree murder is punishable with imprisonment ranging from 10 to 30 years.
All other criminal charges involving the death of another under Georgia law will be for either voluntary or involuntary manslaughter. The more serious of the two is voluntary manslaughter. This charge may apply in cases where the actions causing death arise from a serious provocation that incites a sudden, violent, and irresistible passion, such as a fight or physical altercation with another. Voluntary manslaughter carries a possible imprisonment term of one to 20 years.
Other unlawful acts that result in the death of another in Georgia are punishable as involuntary manslaughter and have a possible punishment of one to ten years of imprisonment. Charges for involuntary manslaughter are likely in cases of negligence, such as a car accident, that causes death.
Possible Defense to Homicide
Several defenses and arguments may apply in a murder case that a DeKalb County homicide attorney could raise to aid a defendant. These defenses can serve to force the dismissal of a case or persuade a jury to find a defendant not guilty under the facts. For example, the following defenses may apply in a homicide case that could establish their innocence:
- Self-defense
- Insanity defense
- Defense of another person
An experienced homicide lawyer could also raise arguments that raise doubt about a defendant’s culpability in a case. For example, a legal professional could highlight the motive and ability of another person who may have committed the crime or establish an alibi that supports a defendant’s innocence.
Contact a DeKalb County Homicide Attorney Today
Robert James is an experienced DeKalb County homicide lawyer who works hard to provide clients with a rigorous defense when facing charges of murder or manslaughter. He is not afraid to go to trial for clients and welcomes the opportunity to present cases before judges and juries. Schedule a consultation today.