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When a Homicide in Atlanta May Result in a Murder Charge

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When a Homicide in Atlanta May Result in a Murder Charge

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.


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