A 26-year-old man was found this morning in Southeast Atlanta inside a vehicle with multiple gunshot wounds. He was taken to Grady Memorial Hospital, where he was pronounced dead.
According to the Atlanta Police Department, the investigation is ongoing.
As an Atlanta Criminal Defense Attorney, I will outline the different criminal homicide offenses as defined by Georgia Law.
Murder in Georgia
Murder in Georgia is defined by Georgia Law 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.” O.C.G.A. §16-5-1(a).
The penalty for a murder conviction is a life sentence in prison without parole, the death penalty, or life in prison.
Felony Murder in Georgia
Felony Murder in Georgia is defined by Georgia 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. §16-5-1(c).
The penalty for a felony murder conviction is a life sentence in prison without parole, the death penalty, or life in prison.
Involuntary Manslaughter in Georgia
Involuntary Manslaughter in Georgia is defined by Georgia law 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:
1) by the commission of an unlawful act other than a felony;
2) or by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm. O.C.G.A. §16-5-3.
The penalty, if convicted of involuntary manslaughter by the commission of an unlawful act other than a felony, can include between one and ten years imprisonment.
The penalty, if convicted of involuntary manslaughter by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm, can include up to a year in jail, a fine, or both.
Voluntary Manslaughter in Georgia
Voluntary Manslaughter in Georgia is defined by Georgia law 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. O.C.G.A. §16-5-2.
The penalty, if convicted of voluntary manslaughter in Georgia, can include one to twenty years of imprisonment.
Practice Note
The law can be very confusing - even the media tends to get homicide and other violent offenses mixed up. For more clarity, it is best to consult an Atlanta Criminal Defense Lawyer.
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