Murder Malice & Felony Murder
(OCGA § 16-5-1)

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Murder in Atlanta, Georgia – Malice & Felony Murder (OCGA § 16-5-1)

Understanding Murder Under Georgia Law

Murder is the most serious criminal charge in Atlanta, Georgia, carrying life-altering consequences, including life imprisonment or the death penalty. Under OCGA § 16-5-1 (2024), murder is divided into two primary categories: Malice Murder and Felony Murder.

The key distinction between these charges lies in intent:

  • Malice murder requires intent to kill.
  • Felony murder applies when a person causes a death during the commission of a felony, even if there was no intent to kill.

At Khalil Eaddy Trial Attorney, I understand that being charged with murder in Atlanta, Georgia, is overwhelming and can permanently impact your freedom, reputation, and future. With an aggressive and strategic defense, I fight to ensure that my clients’ constitutional rights are protected and that they receive a fair trial.

1. Malice Murder in Atlanta, Georgia (OCGA § 16-5-1(a)-(b))
Definition:
  • A person commits malice murder when they unlawfully cause the death of another human being with malice aforethought, either express or implied.
Key Elements:
  • Express Malice – A deliberate, intentional killing, demonstrated by external actions or statements.
  • Implied Malice – A killing that occurs without provocation, demonstrating reckless disregard for human life or an “abandoned and malignant heart.”
Examples:
  • Premeditated Murder: A suspect plans and intentionally shoots another person in a calculated act.
  • Deliberate Deadly Force: A person stabs another with the intent to kill, even without prior planning.
Penalties (OCGA § 16-5-1(e)(1)):
  • Death penalty (for capital cases)
  • Life imprisonment without parole
  • Life imprisonment with parole eligibility

Malice murder is Georgia’s most severe homicide charge, requiring the prosecution to prove intent to kill beyond a reasonable doubt. A rigorous defense is necessary to challenge this charge effectively.

2. Felony Murder in Atlanta, Georgia (OCGA § 16-5-1(c))
Definition:
  • Felony murder occurs when a person causes the death of another human being during the commission of a felony, regardless of intent to kill.
Key Elements:
  • The death must occur during the commission of an underlying felony (e.g., armed robbery, aggravated assault, burglary, drug trafficking).
  • The prosecution does not need to prove intent to kill—only intent to commit the felony.
  • An accomplice can be charged with felony murder, even if they did not directly cause the death.
Examples:
  • Armed Robbery Gone Wrong: A person robs a convenience store, and during the robbery, the store clerk is shot and killed—even if the defendant did not pull the trigger, they can be charged with felony murder.
  • High-Speed Chase Fatality: A person committing a felony flees from law enforcement at high speed and causes a fatal crash.
  • Drug Overdose Resulting in Death: A drug dealer supplies narcotics that result in a fatal overdose, making them criminally liable under felony murder laws.
Penalties (OCGA § 16-5-1(e)(1)):
  • Life imprisonment with or without parole
  • Death penalty in extreme cases

Georgia has some of the strictest felony murder laws in the nation, making it possible for a defendant to be convicted of murder even if they did not personally kill anyone. This is why an aggressive, well-planned defense is essential.

3. Defending Against Murder Charges in Atlanta, Georgia

Being charged with malice or felony murder does not guarantee a conviction. The prosecution must prove every element of the crime beyond a reasonable doubt. I meticulously analyze every piece of evidence to find weaknesses in the state’s case and build the strongest defense possible.

Common Defenses to Murder Charges:

  • Self-Defense – The accused used deadly force to protect themselves or others from an imminent threat.
  • Lack of Intent (Malice Murder Defense) – The prosecution must prove the accused intended to kill, and evidence may show otherwise.
  • Accidental Death – The fatality was unintentional and lacked criminal recklessness.
  • Mistaken Identity – The accused was not present at the scene, and the prosecution’s evidence is unreliable.
  • Unlawful Search & Seizure – If law enforcement illegally obtained evidence, it must be excluded from trial.
  • Coerced Confession – If law enforcement violated Miranda rights or used coercion, statements may be inadmissible in court.

A well-prepared defense can lead to dismissed charges, reduced sentences, or acquittal.

4. Consequences of a Murder Conviction in Atlanta, Georgia

A murder conviction in Atlanta, Georgia, is permanent and results in the loss of nearly all civil rights, in addition to harsh prison sentences.

Collateral Consequences of a Murder Conviction:

  • Loss of voting rights (until the sentence is fully served).
  • Loss of firearm ownership rights.
  • Permanent felony record impacting employment and housing.
  • Inability to obtain professional licenses or security clearances.

Because a murder charge is life-altering, obtaining a strong legal defense as early as possible is critical.

Why Choose Khalil Eaddy Trial Attorney?

A murder charge is the most serious legal battle a person can face, and it requires an aggressive, strategic defense. As a solo practitioner, I take a personalized, hands-on approach to every case. Clients work directly with me, ensuring that their defense is in the hands of an attorney fully invested in the outcome of their case.

My Approach:

  • Forensic and Evidence Analysis – Reviewing autopsy reports, ballistic testing, DNA evidence, and surveillance footage to challenge the state’s case.
  • Expert Witnesses – Calling on medical examiners, forensic analysts, and criminal investigators to testify on behalf of my clients.
  • Challenging Witness Testimony – Cross-examining prosecution witnesses to expose inconsistencies, bias, or unreliable statements.
  • Negotiation & Trial Readiness – If a plea deal is in my client’s best interest, I negotiate for a reduced charge or sentence. If a trial is necessary, I fight aggressively for an acquittal or dismissal.

If you or a loved one is facing murder charges in Atlanta, Georgia, do not wait. Early intervention and an aggressive defense could mean the difference between freedom and a lifetime behind bars.

Call 770-303-0700 today for a confidential consultation and start building your defense.

Give Us A Call

770-303-0700

Contact us

Khalil@attorneyeaddy.com

Office Location

1827 Powers Ferry Rd. Building 25, Suite 100.

Our firm is committed to fighting for justice, challenging weak evidence, and ensuring that your constitutional rights are upheld at every stage of the legal process.

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