A. Malice Murder (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 and reflects an “abandoned and malignant heart.”

Examples:

• A suspect plans and intentionally shoots another person in a premeditated act.
• A person deliberately causes fatal harm during an altercation without provocation.

Penalties (OCGA § 16-5-1(e)(1)):

• Death penalty (for capital cases)
• Life imprisonment without parole
• Life imprisonment with parole eligibility

B. Felony Murder (OCGA § 16-5-1(c))

Definition:

• Felony murder occurs when a person causes the death of another while committing an independent felony, regardless of whether they intended to kill.

Key Elements:

• The death must occur during the commission of a separate felony offense.
• The prosecution does not need to prove malice aforethought.
• An accomplice can be charged with felony murder even if they did not directly cause the death.

Examples:

• A suspect robs a convenience store, and during the robbery, a store clerk is shot and killed, even if the defendant did not pull the trigger.
• A person engaged in drug trafficking supplies narcotics, resulting in a fatal overdose.
• A suspect fleeing police at high speed causes a deadly car accident.

Penalties (OCGA § 16-5-1(e)(1)):

• Life imprisonment with or without parole
• Death penalty in extreme cases

C. Second-Degree Murder (OCGA § 16-5-1(d))

Definition:

• A person commits second-degree murder if they cause the death of another while committing cruelty to children in the second degree.

Key Elements:

• The death occurs as a result of criminal negligence in a child cruelty case.
• Malice or intent to kill is not required.

Examples:

• A parent or guardian leaves a child unattended in extreme heat, leading to death.
• A caregiver fails to provide necessary medical care, resulting in fatal consequences.

Penalties (OCGA § 16-5-1(e)(2)):

• Imprisonment for a minimum of 10 years and up to 30 years

Not every homicide is a crime, and many homicide charges involve complex circumstances that require a strong legal defense. At Khalil Eaddy Trial Attorney, I thoroughly investigate the facts, challenge the prosecution’s evidence, and aggressively advocate for my clients in Atlanta, Georgia.

Common Defenses to Homicide Charges:

• Self-Defense – The accused used deadly force to protect themselves or others from imminent harm or death.
• Accidental Death – The death was unintentional and lacked criminal recklessness necessary for conviction.
• Lack of Evidence – The prosecution must prove every element beyond a reasonable doubt.
• Mistaken Identity – The accused was not present at the scene, and the prosecution’s evidence is unreliable.
• Illegal Search & Seizure – Evidence obtained unlawfully may be suppressed under the Fourth Amendment.
• Violation of Constitutional Rights – If law enforcement failed to provide Miranda warnings or engaged in coercion, statements may be inadmissible in court.

A solid legal defense can mean the difference between conviction and acquittal.