Atlanta Driver Fatally Shot in Buckhead

Atlanta Police Car

Atlanta, Ga. - According to recent reports, a man died from a gunshot wound while driving his vehicle. Police stated that the driver was shot while he was stopped at the red light of Peachtree Road and Peachtree Battle Avenue at 10:00 pm.

Residents called police after gunshots were heard in the area. Police officers discovered the body in the vehicle at the intersection shortly after arriving. One of the officers with the Atlanta Police Department, Lieutenant Pete Malecki stated, “We believe at this point that a light-colored sedan had pulled up next to the victim while he was stopped at the light, and at some point occupants of that vehicle had engaged our victim with gunfire.”

As of right now, the shooting is not believed to be associated with the protests and riots occurring elsewhere within the City of Atlanta. The homicide is still under investigation.

In today's post, I will outline the different types of homicide offenses that exist under Georgia law. Homicide laws are different in every state, and it is important to understand what each offense actually means and how it is charged.

Homicide Laws in Georgia

First, let's take a look at what homicide means. Homicide is defined as the act of one human killing another human. And, there are many offenses that are classified as homicide offenses. A homicide can result from purposeful, accidental, reckless or negligent acts.

I have listed below the different homicide laws and the definitions below.

Murder in Georgia is defined in O.C.G.A. §16-5-1 as:

A person commits the offense of murder when he unlawfully and with malice aforethought, express or implied, causes the death of another human being. 

The penalty for a murder conviction in Georgia will be life in prison without parole, the death penalty, or life in prison.

Murder in the second degree in Georgia is also defined in the same statute, O.C.G.A. §16-5-1, as:

A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice. 

The penalty for a second-degree murder conviction in Georgia will be a ten to thirty years in prison.

The same statute, O.C.G.A. §16-5-1, defines the offense of felony murder in Georgia as:

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. 

The penalty for a felony murder conviction in Georgia is either life in prison with or without parole or the death penalty.

Voluntary manslaughter in Georgia is defined in O.C.G.A. §16-5-2 as:

A person commits the offense of voluntary manslaughter when he or she causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as a result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder. 

The penalty for a voluntary manslaughter conviction in Georgia is a prison term of one to twenty years.

Involuntary manslaughter in Georgia is defined in O.C.G.A. §16-5-3 as:

A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so: by the commission of an unlawful act other than a felony; or by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. 

The penalty for an involuntary manslaughter conviction in Georgia is a prison term of one to ten years.

Practice Note

Have you or a loved one been arrested in the state of Georgia? Call our offices today. A Georgia Criminal Defense Lawyer can help you with your case now.