Two men were attacked in Gwinnett County according to reports last Friday. The first man, Simon Fuentes, was beaten with a baseball bat by two men and a woman in a local apartment complex. Fuentes left with a broken arm and serious injuries to his head. The second man, Marcos Guerra, was beaten much more severely and allegedly by the same three individuals. He was taken to a hospital where he died later Friday night.
Investigators identified three suspects, Glenda Carter, Russell Williams, and Zarius Williams. Authorities arrested the three yesterday on charges of felony murder, armed robbery and aggravated assault in Georgia.
As a Georgia Criminal Defense Lawyer, I will outline and explain the offense of felony murder in today's post.
Felony Murder in Georgia
As I discussed in yesterday's post, felony murder in Georgia is defined by 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. §16-15-1.
To simplify and better explain the law, it's best to look at an example. Let's say Defendant “A” decided to break into a house and commit burglary in Georgia. “A” doesn't know that Victim “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.
The law - especially criminal law is especially complicated. If you or a loved one has been charged with a crime in Georgia, contact a Georgia Criminal Defense Lawyer today.