Oxford, Ga. - According to reports out of Newton County, a local woman has pleaded guilty to felony murder and aggravated assault in the death of her two-year-old daughter.
Not many details have been released, however, it is known that the woman called 911 and explained that she shot her own child. The child was dead when authorities arrived at the scene.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of felony murder in today's post. The law behind this offense can be relatively confusing, but hopefully I am able to provide some clarity as to its application.
Felony Murder in Georgia
Felony Murder in Georgia is defined by law in O.C.G.A. §16-15-1 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.
The best way to explain this law is through a hypothetical situation. “A” decides to break into a house, committing burglary in Georgia. However, “A” doesn't know that “B” is in the home. “A,” surprised by “B” being present in the home and intending to burglarize the home, ends up accidentally killing “B” during the burglary. “A” will be convicted of felony murder because of the mere fact that he was committing a felony (burglary), and “B” was killed during the commission of the crime.
The offense of felony murder occurs when an individual commits a serious or inherently dangerous felony, and someone else dies during the course of committing or attempting to commit the felony. Felonies that are inherently dangerous include burglary, arson, rape, kidnapping, aggravated assault and cruelty to children.
The penalty for a felony murder conviction in Georgia is either life in prison with or without parole or the death penalty.
If you have been arrested in the state of Georgia, call our firm today.