Homicide is the most severe criminal accusation one can face in this state. The consequences are serious, from numerous years in prison to even the death penalty. It is vital to have an experienced Doraville homicide lawyer at your side to ensure your rights and freedom are protected. We have a deep understanding of Georgia’s criminal laws and procedures. Our team of dedicated criminal attorneys conduct a thorough investigation into the facts of the case, listen to your side of the story, evaluate all pieces of evidence, and create a strong defense strategy.
How is Homicide Defined in Georgia?
The state defines homicide as the unlawful killing of another person. There are different degrees of homicide, each with a separate definition and penalties.
Murder
Murder is the intentional killing of another person with the mental element of “malice aforethought.” Malice means that the accused person acted with an actual or implied intent to kill another. Murder can be in the first-degree (premeditated and deliberate) or second-degree (less intent).
Manslaughter
Manslaughter is the unlawful killing of another without the mental element of malice aforethought. There are two types: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter happens when a person kills another in a “heat of passion.” Involuntary happens when a person unintentionally kills another due to reckless action or criminal negligence.
Felony Murder
Felony murder happens throughout the commission of a felony, even though death was not intended. For example, if a person is committing a burglary or kidnapping and another person is killed in the process, the accused individual will be liable for felony murder.
Vehicular Homicide
Vehicular homicide happens when there is a death of another person due to the operation of a vehicle in a reckless manner. Reckless driving can be driving under the influence of drugs or alcohol or a road rage incident.
When you have questions about your charges, ask an attorney in Doraville who could discuss the specifics of your case.
Potential Penalties
The penalties for a homicide conviction can be different depending on the charge and circumstances of the alleged crime. For example, first-degree murder can carry a penalty of lifetime imprisonment or death. There can also be aggravating factors in the sentencing, such as torture, premeditation, or the murder of law enforcement. Second-degree murder can be punishable by an imprisonment term from ten to thirty years.
Manslaughter may be punishable by imprisonment of up to 20 or 30 years, depending on whether it is voluntary or involuntary. Felony murder has the same penalties as the underlying penalty. If an individual is convicted of an armed robbery, the penalty is life imprisonment or the death penalty.
Vehicular homicide is punishable by incarceration for three to 15 years. Feticide is punishable by imprisonment of up to 10 years. A lawyer could craft the strongest possible defense to help reduce the penalties in your homicide case in Doraville.
How to Defend Against Homicide Charges
There are quite a few defenses an attorney could use in a Doraville homicide case, including self-defense, lack of intent, insanity, and mistake of fact.
Self-defense means that the accused believed that using force was necessary to protect themselves from imminent harm. Deadly force is permitted in Georgia under certain circumstances. Defense of others may also be used as a defense. The inquiry is if the defendant believed the other person was in immediate danger and their actions were vital in preventing it.
Certain situations allow a person to use reasonable force, including deadly force, regarding property. However, this defense is strictly limited and can only be justified in very specific situations, such as when force is necessary to prevent the commission of a forcible felony.
Other defenses include accident (death was unintentional and without reckless conduct), insanity, intoxication, and justifiable homicide.
Consult an Attorney in Doraville About Homicide Charges Today
Our legal team has extensive experience defending individuals charged with homicide. We understand the gravity of the situation and the impact such a conviction can have on your life and your family. Our Doraville homicide lawyers could assist you with your case. Call our firm today for a complimentary consultation.
N/a