Clermont, Ga. - Hall County deputies have arrested a local Clermont man after he allegedly shot and killed his uncle in their home last night.
Officers were called to the scene after reports were made concerning a domestic dispute. No details have been released regarding the man's motive or what exactly prompted the shooting. He has been arrested and is being held in the Hall County Jail.
As a Georgia Criminal Defense Lawyer, I will focus today's post on the offense of murder and what constitutes the crime by law. I will also lay out the possible consequences of being convicted of murder in the state of Georgia.
Murder in Georgia
The Georgia Code defines murder in Georgia in O.C.G.A. §16-5-1(a) 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.
There are a few very important terms that set murder apart from other homicide offenses in our state such as manslaughter.
Our courts define malice as a wicked or corrupt motive or an intention to do evil and which the result is fatal and an unlawful objective to kill without justification or mitigation.
Express malice is the deliberate intention to unlawfully take the life of another human being, which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
Murder is classified as a felony in the state of Georgia. The penalty if convicted of murder is either life in prison without the possibility of parole, a life sentence, or the death penalty.
There are many different types of crimes in the state of Georgia. It is important to hire an attorney to help with any type of criminal case. Convictions can ruin anyone's record. If you or a loved one has been arrested, call our offices now. We can help you today.