Two shootings have been reported that occurred over the weekend. According to the Atlanta Police Department, both occurred within the northwestern part of the city. Both victims were reported dead at the scenes.
So far details of the two fatal shootings have not been released. However, if the shootings were the result of other crimes that were in progress then the people who are responsible will be facing felony murder charges.
Felony murder is a complicated crime in the state of Georgia. In fact, most people tend to use the term incorrectly. In today's post, as a Georgia Criminal Defense Lawyer, I will jump into the law behind the crime of felony murder and what it actually means.
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.
The above examples of how someone can be considered to be in the commission of a felony explains how both Tabb and Adams are being charged with felony murder after the alleged incident on Monday night.
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.
If you or a loved one has been accused of committing a crime in the state of Georgia, contact our offices today.