Forsyth County Murder Defense Lawyer

Georgia's Murder Laws

According to Georgia statutes, "A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being." Premeditation and acting with "expressed malice" are the key factors that separate murder from other homicide offenses. These elements must be proven by the prosecution beyond a reasonable doubt in order for a person to be convicted of the crime of murder.

In addition to malice murder in Georgia, there is a separate law for "felony murder" which simply requires that a homicide happen during the commission of a felony. The underlying charge can be any felony- cruelty to children, aggravated assault, robbery, and more could turn into a felony murder charge if someone dies during the commission of the crime.

Your charges depend upon what the prosecution feels they can show regarding your intent, what planning may have been involved in the offense and the specific circumstances surrounding what occurred. Murder is perhaps the most serious of the violent crimes and is, therefore, punished the most severely.

If convicted, you can be sentenced to life imprisonment with or without the possibility of parole or to punishment by death. Most commonly, those convicted of felony murder are sentenced to life in prison with no possibility of parole. This is a true life sentence.

Contact a Forsyth County murder lawyer today for a free legal consultation. Call us at (770) 676-1340 or reach out online to discuss your defense options.

Understanding Murder Charges in Georgia

In our state there are different types of murder offenses:

• First-Degree Murder: First-degree murder, also known as "malice murder," is charged when a person acts maliciously, desiring to cause serious bodily harm to someone else. An individual can also be prosecuted for malice murder if they acted with reckless indifference for the safety or rights of another and this results in death. In a first-degree murder case, the prosecution must prove that the killing was intentional and planned in advance. Felony murder, where an individual causes the death of another while intending to commit a felony, such as an act of theft which then results in someone being killed, is also classified as a first-degree murder.
• Second-Degree Murder: Second-degree murder is defined as the unlawful killing of another person without premeditation but with an intent to cause harm or a reckless disregard for human life. Unlike first-degree murder, second-degree murder does not require planning or malice, but it still involves the intent to cause serious harm.

It may be that you have an alibi that we can substantiate to disprove the prosecution's case. In some instances, we can cause a reasonable doubt as to your guilt and the elements of the crime to either get your charges reduced or dismissed. We use our 20-plus years of successful criminal defense experience towards finding the strategy that will work best in your individual situation.

Penalties for Murder Convictions in Georgia

In Georgia, the penalties for murder depend on the degree of the charge, but they are always severe due to the gravity of the offense.

• First-Degree Murder: If convicted of first-degree murder, the defendant can face life imprisonment without the possibility of parole or, in certain cases, the death penalty.
• Second-Degree Murder: A conviction for second-degree murder typically results in 10 to 30 years in prison, though the defendant may be eligible for parole after serving a portion of the sentence.
• Felony Murder: If a person kills someone during the commission of a felony, they can be charged with felony murder, which is classified as first-degree murder in Georgia. The penalty for felony murder is life imprisonment or the death penalty, similar to premeditated first-degree murder.

The Legal Process in a Murder Case

Murder cases are complex and can take months or even years to resolve. A Forsyth County murder defense attorney will guide you through the legal process, ensuring that your rights are protected at every stage. 

Here are the general steps involved in a murder case:

• Arrest and Initial Appearance: Once the defendant is arrested, they will be brought before a judge for an initial appearance. During this appearance, the defendant will be informed of the charges, and bail may be set. If the defendant is denied bail, they may remain in jail until the trial.
• Investigation and Discovery: After the initial appearance, the defense team will conduct an investigation into the facts surrounding the case. This may include reviewing police reports, interviewing witnesses, and consulting forensic experts. The defense will also obtain evidence from the prosecution through a process called discovery.
• Pre-Trial Motions: Before the trial begins, the defense may file pre-trial motions, such as a motion to suppress evidence or a motion to dismiss the case. These motions are designed to challenge certain aspects of the prosecution's case before it goes to trial.
• Trial: If the case goes to trial, both the prosecution and defense will present their evidence and arguments. The prosecution has the burden of proving the defendant's guilt beyond a reasonable doubt. The defense may present evidence to challenge the prosecution's case and raise reasonable doubt.
• Verdict and Sentencing: After the trial, the judge or jury will render a verdict of guilty or not guilty. If the defendant is found guilty, the court will proceed with sentencing. A Forsyth County murder defense lawyer will advocate for a fair sentence, taking into account the circumstances of the case and any mitigating factors.

Common Defenses in Murder Cases

In murder cases, various defenses may be available depending on the specifics of the case. One common defense is self-defense, where a defendant claims they used force to protect themselves from imminent danger. Another defense is lack of intent, arguing that the defendant did not intend to kill the victim, which could lead to reduced charges like manslaughter. Additionally, the insanity defense may be used if the defendant was unable to understand the nature of their actions due to mental illness.

Other potential defenses include false accusations, where a defendant is wrongfully charged due to mistaken identity or fabricated evidence, and challenges to the prosecution’s evidence. If the prosecution's case is weak or there are significant gaps in the evidence, a Forsyth County murder defense attorney may argue that the defendant cannot be convicted beyond a reasonable doubt.

Experienced Legal Representation for Murder Charges

At Zeliff | Watson, we do not want you to feel that hope is lost solely because you or a loved one is accused of murder. These cases are complex and there are many ways to reach a positive conclusion to the charges against you. 

Your first action should be to contact a dedicated criminal defense lawyer from our firm so that the work of preparing an aggressive, strong defense on your behalf can get started. Both of our lawyers, Mr. Zeliff and Mr. Watson have worked on murder cases from Day 1 to verdict, and our attorneys work as a team on these complex cases. With career beginnings in the DeKalb County Public Defender's Office, Mr. Zeliff has put together dozens of murder cases throughout his career.

When facing murder charges in Forsyth County, Georgia, it is crucial to have a skilled and experienced defense lawyer on your side. The consequences of a murder conviction are severe, potentially resulting in a lengthy prison sentence or even life in prison. At Zeliff | Watson, our team of attorneys has a proven track record of successfully defending clients against serious criminal charges.

Our murder defense services include:

• Thorough investigation of the facts and evidence
• Development of a strategic defense plan tailored to your case
• Aggressive representation in court
• Negotiation with prosecutors for reduced charges or sentencing

If you or a loved one stands accused of murder, immediately contact a murder defense attorney for your best legal options. We can be reached 24/7 at (770) 676-1340 or through contact form on this site.

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