Police are still searching for the suspect who allegedly robbed an auto parts store in Gwinnett County at gunpoint.
The armed robbery happened last week around 8:00pm according to reports. One of the employees was shot and died at the scene.
Armed robbery in Georgia is very serious and the criminal charges vastly change when a death occurs as the result of a felony. As a Georgia Criminal Defense Lawyer, I will outline the offense of felony murder in today's post.
Felony Murder in Georgia
Georgia Law defines felony murder in Georgia in the following statute:
“A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.” O.C.G.A. §16-5-1(c).
A person is considered to be in the commission of a crime if he or she:
- Directly commits the crime;
- Causes some other person to commit the crime under such circumstances that the other person is not guilty of any crime either in fact or because of legal incapacity;
- Aids or abets in the commission of the crime; or
- Advises, encourages, hires, counsels, or procures another to commit the crime.
In order for the state of Georgia to convict an individual of felony murder, they must show that he or she is guilty beyond a reasonable doubt. This means that the prosecution must demonstrate that the accused person either attempted or completed a felony that is deemed serious or inherently dangerous under Georgia law.
The penalty for a felony murder conviction is a life sentence in prison without parole, the death penalty, or life in prison.
Call our offices today if you or a loved one has been arrested in the state of Georgia.