According to reports out of Fulton County, two gang members were sentenced to life this past week for the 2016 murder of a woman.
The incident was a case of mistaken identity. The two gang members were under the impression that she was involved in the shooting of another gang member earlier that same day.
In today's post, I will outline the offense of murder as well as the legal elements of the offense.
Murder in Georgia
Murder in Georgia is defined by Georgia Law in O.C.G.A. §16-5-1(a) 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.
There are a few very important terms that set murder apart from other homicide offenses in our state such as voluntary manslaughter in Georgia.
Our courts define malice as a wicked or corrupt motive or an intention to do evil and which the result is fatal and an unlawful objective to kill without justification or mitigation.
Express malice is the deliberate intention to unlawfully take the life of another human being, which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
It probably goes without saying that the criminal offense of murder is classified as a felony in the state of Georgia. The penalty if convicted of murder is either life in prison without the possibility of parole, a life sentence, or the death penalty.
Even though the men in the story above have been found guilty, convicted, and sentenced… When a person is arrested, that person is to be legally presumed innocent until proven guilty beyond a reasonable doubt no matter what.
If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney now. Do not waste any time. We will fight for you.