According to reports out of Rockdale County, a local man took his dying girlfriend to the Piedmont Rockdale Hospital this past weekend.
He told medical staff that he discovered unconscious at home. This incident occurred on Friday night. As of today, the man has been arrested on murder charges. The woman died a few hours later in the early hours of Saturday morning. The medical staff explained to authorities what the man had told them.
Nurses stated that he gave two different stories, and that none of the facts really added up. This led to investigators obtaining a search warrant for his house. The search of the man's home resulted in the discovery of a “chock hold type restraint.” Officers and investigators believe that this what was used to strangle his now deceased girlfriend.
It has also been reported that the man did not once call 911 but elected instead to drive his dying girlfriend to the hospital only after unsuccessfully attempting CPR twice.
As a Georgia Criminal Defense Lawyer, it's important for me to point out that every incident has two sides. If the reported facts above are true, then the man involved in the incident will be facing some very serious consequences.
In today's post, I will outline the law behind the criminal offense of murder in the state of Georgia.
Murder in Georgia
Murder in Georgia is defined by Georgia Law 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 voluntary manslaughter in Georgia.
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.
It probably goes without saying that the criminal offense of 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.
Regardless of the scenario or circumstances, a person is to be legally presumed innocent until proven guilty beyond a reasonable doubt.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney now. Do not waste any time. We will fight for you.