A man named Joseph Capstraw from Jacksonville, Florida has been charged with the murder of a woman he met at the Rainbow Family gathering in Hall County. According to the police reports, Capstraw "blacked out" after an argument with the victim, according to The Associated Press, and the next thing he recalled, the woman was "badly beaten" and his hands were injured.
As a Georgia Criminal Defense Lawyer, I will outline the offense of murder in our state and how the law applies.
Murder in Georgia
The Georgia Code defines the criminal offense of Murder in Georgia 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).
Legally, murder requires malice. By law, malice is defined as having a corrupt motive or an intention to do evil. The Court will imply malice when there is no considerable provocation done by the alleged victim. This means that the victim didn't provoke the accused person, so therefore there must have been a corrupt motive or an intention to do evil.
To be convicted of murder in Georgia, the prosecution (the state of Georgia) must prove that the accused person is guilty beyond a reasonable doubt. They can only establish this by demonstrating through evidence that there was either express or implied malice involved in the killing of another human being. The penalty for a murder conviction in Georgia is a life sentence in prison without parole, the death penalty, or life in prison.
Just because Capstraw has been charged with murder doesn't mean that committed the offense. However, being accused of a homicide offense is not a light-hearted matter. Hiring a Georgia Criminal Defense Attorney could mean the difference between life in prison and being deemed innocent by the state of Georgia.
If you or a loved one has been wrongfully accused of a homicide offense in Georgia, contact us today. The death of another human being is a horrific situation. But remember, murder requires the accused person to be legally responsible or that malice was involved.
Most people think that once you've been accused of such a serious offense that there is no way to actually defend the case. But there are Georgia Criminal Defenses that exist for an accusation of murder. The defenses include but are not limited to:
- Lack of Malice
- Self Defense
- Defense of Others
If you have been charged with a crime in Georgia, do not wait to contact us - your defense plan starts today.