Austell, Ga. - Investigators and authorities have charged a teenager with murder after his brother died in the commission of a robbery in Austell.
What is even more confusing for the public is that investigators do not believe that the boy fired a single shot during the actual robbery. However, during the robbery, the victim pulled a gun and fired in the direction of the two teenagers. This is what led to the brother's death.
Like I said above - this can be a very confusing concept. Especially if the law is not explained properly.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of felony murder in today's post.
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.