Call Us Now
Email Us Now
How Can You Prove That You Took a Life in Self-Defense?
If you are charged with manslaughter or murder in or near the Atlanta area, the first thing you must do is speak directly to an Atlanta criminal defense lawyer who can protect your rights and develop an aggressive, effective strategy for your defense.
If you are prosecuted for manslaughter or for murder by the State of Georgia, and if you and your criminal defense attorney can demonstrate that you were acting in self-defense, you will be found not guilty.
But how is self-defense defined by the law in this state? If you are charged with murder or manslaughter, how will an Atlanta homicide attorney demonstrate that you acted in self-defense?
How Are Murder Charges Determined in Georgia?
Depending on the details of the case, a specific homicide in Georgia may be charged as malice murder, felony murder, or second-degree murder. Malice in murder cases may be expressed or implied. It is the deliberate intention to kill someone with no justification or mitigation.
Felony murder may be the charge if, during the commission of another felony (such as armed robbery), the defendant allegedly caused the death of another person. To convict you of felony murder, a prosecutor does not have to prove that you acted with malice or the intention to kill.
Even an accident may legally constitute a felony murder in Georgia. If the defendant intended to commit the original felony, and if the defendant caused someone’s death during the commission of that felony, the defendant may be charged with – and may be convicted of – felony murder.
What is Second-Degree Murder? And What Are the Penalties for Murder Convictions?
Under the law in Georgia, the charge of murder in the second degree is limited only to homicides that involve a child’s death. Specifically, second-degree murder may be the charge when a child’s death is caused during the commission of the crime of cruelty to a child in the second degree.
Second-degree cruelty to a child is a crime that takes place in Georgia when someone’s criminally negligent behavior causes a child under the age of 18 to suffer excessive or cruel physical or mental pain.
The usual sentence for a malice murder conviction in Georgia is the death penalty or life without the possibility of parole. The usual penalty for felony murder is life with the possibility of parole. The usual sentence for a second-degree murder conviction is a ten-to-thirty-year term in prison.
In Georgia, When is Taking a Life Justifiable?
Georgia is a “stand your ground state,” which means that you may defend yourself in virtually any location in the state and not only in your home, vehicle, or place of business. The law in Georgia is quite specific about when the use of force may be legally justifiable. It says:
- You are legally justified in threatening or using force against someone when, and to the extent that, you reasonably believe the threat or force is necessary to defend yourself or a third party against someone’s imminent, unlawful use of force.
- You are legally justified in using force intended or likely to cause great bodily harm or death only if you reasonably believe that such force is necessary to prevent death or great bodily injury to yourself or a third party or to prevent a forcible felony.
- Additionally, the law says that in order to convict you of a murder or manslaughter charge, a Georgia prosecutor has the burden of proving beyond a reasonable doubt that your action was not legally justifiable.
In general, using force in self-defense is legal only if a threat is immediate and imminent. Intimidation that is not backed up by the plausible threat of imminent death or great bodily injury does not justify force, and when the threat has faded or concluded, force is no longer legal.
When Should You Contact a Criminal Defense Lawyer?
If you’re charged with murder or manslaughter, or if you know that you are about to be charged, contact an Atlanta criminal defense lawyer immediately. While the law appears straightforward, when actual homicide cases are tried in court, self-defense can become quite complicated.
How, for instance, is “imminent” danger defined, and what is considered a “reasonable belief” that danger is imminent? To prevail with a self-defense claim in a Georgia homicide trial, your Atlanta homicide attorney must demonstrate that the danger was about to happen immediately.
However, if the threat of death or great bodily harm was set in the future, it does not matter how credible or dangerous that threat seemed to you. Self-defense in such cases may not be used as a defense to a murder or manslaughter charge.
What Else Should You Know About Homicide Charges in Georgia?
In Pickle v. The State (2006), the Court of Appeals of Georgia ruled that battered person’s syndrome is not a separate defense against a murder charge in this state and that evidence of battered person’s syndrome is admissible only to help jurors evaluate a self-defense claim.
To help a jury decide if a defendant’s belief that the danger of imminent death or great bodily harm was a reasonable belief, jurors are asked how an “average, reasonable person” would react in the defendant’s situation.
Who Can You Trust to Defend You Against a Murder Charge?
How can you locate a criminal defense lawyer in the Atlanta area who will defend you aggressively and effectively against a murder or manslaughter charge? A defense lawyer who will make your case a priority and use every necessary legal tool on your behalf?
Atlanta criminal defense attorney Stuart M. Mones consistently goes to trial and wins in both state and federal courts. He represents defendants who have been charged with the most serious crimes – crimes like malice murder, felony murder, and federal drug charges.
If you are accused of a homicide in the Atlanta area, now or in the future, the team at Mones Law offers flexible payment plans and no-cost initial consultations with no obligation. If you need to learn more – or if you need legal help now – call Mones Law at 404-522-7402. Se habla español.
