Posted by & filed under Criminal Defense.

According to the Atlanta Journal Constitution, police are investigating a murder after a teenager was shot and killed inside an apartment in April 2017. The death occurred in an apartment complex located on the 5400 block of Old National Highway.

The victim, a 16-year-old, was killed about 4:30 in the afternoon.

Police said a separate shooting that happened in the 2300 block of Hackamore Drive is related to the teenager’s death. Police also said in the report that they do not have suspects in their shooting. The investigation is ongoing.

In March of 2017, a woman was found dead in an Atlanta apartment complex, according to the Atlanta Journal Constitution. Police have ruled the death of the woman, a 31-year-old, suspicious. She was found with neck injuries in her bathroom. Her apartment was located on the 400 block of Fulton Street.

Police do not have any leads on the woman’s death.

How is Murder Defined in Atlanta?

The general definition of murder is homicide done with intent to kill, or malice. Homicide is the killing of a human being.

Georgia describes murder as a homicide done unlawfully and with malice. The malice, or intent to kill, may be implied or expressed. However, the malice causes the death of a human being.

Expressed malice is the deliberate intention to unlawfully take another individual’s life by an external circumstance. For example, the person and the victim were in a heated argument. The person deliberated on whether to kill the victim. They went another step further and planned to kill the victim.

Implied malice means there was no outward provocation. The person was not provoked into killing the victim.  

Can a Person be Accused of Murder when they Commit another Crime in Atlanta?

Yes. A person can be charged with murder when they commit a felony crime and an individual dies during the course of that crime. This is called Felony Murder Rule. It does not matter if the person did not mean to kill the victim or someone else kill them.

Since the death happened during the crime, the person is charged with the crime they committed and first-degree murder.

Defenses to Murder in Atlanta

Murder defenses are excuses, justifications or reasons why a person is not guilty of killing someone. These defenses include:

  • Self-defense
  • Defense of other people
  • Mistaken identity
  • Actual innocence
  • Accident
  • Insanity

The Penalty for Murder in Atlanta

Murder is a serious charge because it has the penalty of:

  • Death
  • Life in prison without parole
  • Life in prison

Contact R. Gary Spencer, P.C. if You are Accused of Murder in Atlanta

You need a lawyer who will fight to get the charge dismissed or reduced. If the case goes to trial, you need a lawyer who knows how to attack the prosecutor’s case. Contact Gary Spencer, P.C. for help. You will have a legal advocate ready to work for you through each phase of the criminal process. When you need a tough, skilled lawyer, contact us.

Posted by & filed under Criminal Defense.

In late March 2017, a woman was in Midtown paying for parking when a man slashed her throat, according to the Atlanta Constitution Journal.

The woman was standing at a pay station at 5th and Juniper Streets when the man tried to snatch her purse from her shoulder. This according to Atlanta Police. She resisted the man’s attempts to take her purse.

The victim claims the man told her that he would hurt her if she did not give him the purse. She continued to hold her purse.

The man allegedly took out a knife and cut her throat. The cut was approximately 5 to 6 inches deep.

He then grabbed her purse and ran.

A witness to the attack told police he ran out of the man and made him dropped the purse, according to the report. That is when the man turned the knife on him. He was not injured.

The robbery victim received 17 stitches. She’s expected to recover.

Police have no suspects and have made no arrest in the case.

Another witness claimed to see a man jump the Kindred Hospital’s back fence. She offered to help him after he fell. She learned about the attack on the woman later. It is not known whether the man who jumped the fence was the same man who attacked the woman in Midtown.

A Robbery Charge in Atlanta is Larceny Done with Force, Threat or Intimidation

Larceny is the intentional taking of property belonging to another individual. The person who takes the property does so with the intent to permanently deprive the victim of the property.

Larceny is commonly called theft. Larceny becomes robbery with it is done with force, threat of force or intimidation. In Atlanta, the penalty for robbery is one to 20 years in prison.

Armed Robbery is a Separate, Harsher Criminal Charge in Atlanta

According to Section 16-8-41 of Georgia’s Penal Code, robbery can be increased to armed robbery. Armed robbery occurs when a person intends to commit theft, or larceny. The take property of belonging to another person by using:

  • An offensive weapon
  • Device having the appearance of a weapon
  • Replica or article that could be a weapon

The penalty for armed robbery could be 10 years to life in prison. Depending on the facts of the case, the penalty could increase to life in prison or death.

Defenses to Robbery in Atlanta

Anyone accused of robbery or armed robbery have a variety of defenses available to them. Their specific defense depends on the facts of their case. Some common robbery defenses include:

  • actually innocence
  • Involuntary Intoxication. Involuntary intoxication occurs when a person drugged or slipped alcohol without their knowledge.
  • Duress. Duress occurs when a person is forced to commit the crime against their will. If they do not, they or their family will be harmed.

When You Need a Criminal Lawyer in Atlanta, You Need R. Gary Spencer, P.C.

The legal process can be confusing and stressful. You need a lawyer who will fight for you and take the mystery out of the criminal justice system. You need R. Gary Spencer, P.C. Contact us for help.