The arrest of a Georgia Southern University student occurred earlier today. The twenty-four year old has been accused of being the aggressor in a deadly shooting in the city of Statesboro.
Police were called to the shooting scene last week at an apartment complex that is mainly occupied by Georgia Southern students. They located a middle-aged male victim, and he was flown straight to a nearby hospital. However, unfortunately, he died upon arrival.
The student was arrested on charges of:
- Felony Murder in Georgia
- Aggravated Assault in Georgia
- Armed Robbery in Georgia
- And Possession of a Firearm During the Commission of a Crime in Georgia.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of felony murder. Many people get confused between the different homicide offenses in the state of Georgia - felony murder being one of the most confusing.
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.
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.
Practice Note
Felony murder along with the other charges faced by the young man are considered seriously violent felony offenses. As a firm, we have decades of experience practicing Georgia Criminal Defense. If you or a loved one has been arrested, call us now.
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