Lilburn, Ga. – Gwinnett County Deputies arrested a teenage girl on New Year's Eve. She has been accused of being connected to a murder that occurred earlier in December.
She has been charged with felony murder and aggravated assault.
Investigators believe that the homicide is related to a domestic dispute. More information will be released in the upcoming weeks.
As a Georgia Criminal Defense Lawyer, I will outline the difference between murder (malice murder) and felony murder in today's post.
Murder and Felony Murder in Georgia
Malice Murder is defined by Georgia Law 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.” O.C.G.A. §16-5-1(a).
The offense of murder requires malice. Malice is defined as having a wicked or corrupt motive or an intention to do evil. Malice is implied by the Court when there is no considerable provocation done by the alleged victim. The penalty for a murder conviction is a life sentence in prison without parole, the death penalty, or life in prison.
Felony Murder is defined by Georgia law 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.” O.C.G.A. §16-5-1(c).
This is possibly the most misunderstood in regard to all the different types of criminal homicide offenses.
A person is concerned 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 to convict the accused person, the prosecution must show 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 have been accused of committing a crime, contact our offices today.