Atlanta, Ga. - Atlanta Police have arrested a young man in connection to a fatal shooting that occurred at a house party in the northwest part of the city.
Officers were called to a gruesome scene on August 10th. They discovered a 19-year-old dead in the front yard of the residence. There was also a second victim who thankfully survived and is now stable and in good condition.
Details have not been released regarding the suspect's charges. However, as a Georgia Criminal Defense Attorney, I will outline the laws behind different homicide offenses in today's post. These offenses differ based on the facts of the homicide so pay close attention.
Homicide Offenses in Georgia
Murder in Georgia is defined in O.C.G.A. §16-5-1 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.
The penalty for a murder conviction in Georgia will be life in prison without parole, the death penalty, or life in prison.
Second degree murder in Georgia is also defined in the same statute, O.C.G.A. §16-5-1, as:
A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
The penalty for a second-degree murder conviction in Georgia will be a ten to thirty years in prison.
The same statute, O.C.G.A. §16-5-1, defines the offense of felony murder in Georgia 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 penalty for a felony murder conviction in Georgia is either life in prison with or without parole or the death penalty.
Voluntary manslaughter in Georgia is defined in O.C.G.A. §16-5-2 as:
A person commits the offense of voluntary manslaughter when he or she causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as a result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.
The penalty for a voluntary manslaughter conviction in Georgia is a prison term of one to twenty years.
Involuntary manslaughter in Georgia is defined in O.C.G.A. §16-5-3 as:
A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so: by the commission of an unlawful act other than a felony; or by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.
The penalty for an involuntary manslaughter conviction in Georgia is a prison term of one to ten years.
Practice Note
As you can see, there are many different types of homicide offenses in the state of Georgia. If you or a loved one is facing a serious charge, contact our offices now.
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