In Georgia, there are two types of murder: Malice Murder and Felony Murder.
- Malice Murder- A person has committed Malice Murder when he or she takes the life of another person with malice; malice is defined as the intention to commit harm to another person without justification.
- Felony Murder- A person has committed Felony Murder when he or she causes the death of another human being while intentionally committing a felony, regardless of malice.
The Statutory Punishment
The minimum sentence for a person who is convicted of murder on a first offense is life, with no eligibility of parole for 25 years, and the maximum punishment is the death penalty.
The second and any subsequent offense of murder (including murder) gets life without the possibility of parole, and can include the death penalty.
Murder is a serious offense, and should not be taken lightly. In Georgia, there are no degrees assigned to the crime of murder. What this means for a defendant is that there is not much leeway afforded to her or him when it comes to pleading and punishment. A conviction that does not result in your favor could cost your life.
There are common misconceptions about what constitutes murder in Georgia. Malice, for example, is not the same as premeditation (a.k.a. aforethought), and neither are necessarily deliberate processes; malice is a mental state and premeditation can occur mere seconds before the crime is committed. It is not your job to speak the language of the court. Leave that to a competent, dependable, and thorough lawyer who understands the nature of court proceedings and has a passion for defending his clients. You need to hire ROY YUNKER LAW.