Sasha McCalop was convicted this past week in DeKalb County of some very serious criminal offenses. According to reports, in January 2017, she stabbed her boyfriend, Michael Martin, to death while he was attempting to call police.
McCalop got some press last year when she wrote a letter to the Dekalb County Superior Court Judge residing over her case. Her letter stated, “A murderer I am not, I have been in an abusive relationship with the victim for the last three years. I know you're saying to yourself why didn't you get out. I was in love!”
However, McCalop was nonetheless found guilty and convicted on Monday of murder. She was sentenced to life in prison.
Felony murder, murder, first-degree murder, and second-degree murder are all terms that refer to homicide offenses or the killing of another person. However, without a Georgia Criminal Defense Lawyer, these legal terms can seem overwhelming and impossible to distinguish.
Murder in Georgia
Murder in Georgia is defined by the Georgia Code 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.
So let's define a few terms utilized by the law. First, malice means having wicked or corrupt motive or an intention to do evil and which the result is fatal and an unlawful objective to kill without justification. Next, aforethought means premeditation or predetermination. Last, let's look at the different between express or implied malice aforethought.
Express malice is the deliberate intention to unlawfully take the life of another human being, which is manifested by external circumstances capable of proof. Implied malice is where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
A murder conviction is a felony. The penalty for a murder conviction will be life in prison without parole, the death penalty, or life in prison.
Practice Note
As I mentioned earlier, there are many different types of homicide offenses, and Georgia Criminal Defense Law can be very complex and difficult to understand. Just because there has been a death does not mean that someone is criminally responsible.
If you or a loved one has been arrested or accused of committing a crime in Georgia, contact us today.
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