Newnan, Ga. - According to reports, a woman has come forward and confessed to an armed robbery attempt that resulted in a fatality.
The armed robbery attempt occurred in August of this year and resulted in the shooting death of a young man. She has been charged with armed robbery, aggravated assault, and felony murder. As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of felony murder as it is written by Georgia law.
Felony Murder in Georgia
Felony Murder in Georgia is defined by law in O.C.G.A. §16-15-1 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 best way to explain this law is through a hypothetical situation. “A” decides to break into a house, committing burglary in Georgia. However, “A” doesn't know that “B” is in the home. “A,” surprised by “B” being present in the home and intending to burglarize the home, ends up accidentally killing “B” during the burglary. “A” will be convicted of felony murder because of the mere fact that he was committing a felony (burglary), and “B” was killed during the commission of the crime.
The offense of felony murder occurs when an individual commits a serious or inherently dangerous felony, and someone else dies during the course of committing or attempting to commit the felony. Felonies that are inherently dangerous include burglary, arson, rape, kidnapping, aggravated assault and cruelty to children.
The penalty for a felony murder conviction in Georgia is either life in prison with or without parole or the death penalty.
If you have been arrested in the state of Georgia, call our firm today.