What Are the Elements of Felony Murder under Georgia Law?

The charge of felony murder expands the criminal charge of murder, which applies to criminal homicide. While every murder charge is exceptionally serious, felony murder can carry the death penalty, which makes it among the most serious criminal charges you can face. The most important point to keep in mind, however, is that being charged with felony murder is very different from being convicted of the crime, and having experienced Cumming criminal defense attorneys backing you up is always the best course of action.

Malice Murder vs. Felony Murder

Murder charges in Georgia break down into malice murder and felony murder. Malice murder is the crime of intentionally killing another person and doing so with a malicious state of mind. While the premeditation involved can be very brief, intent must be proven. Malice murder can carry life imprisonment – with or without the possibility of parole – or the death penalty. 

Felony murder, on the other hand, is the crime of causing someone else’s death in the course of committing another felony that is considered inherently dangerous. No intent or malice is required, and the other person’s death can even be accidental. Ultimately, if the defendant intended to commit the underlying felony in question, the charge of felony murder can apply. A conviction carries a life sentence that may or may not include the possibility of parole or the death penalty. 

The Required Elements

There are several primary elements that must be proven beyond a reasonable doubt before the accused can be convicted of felony murder in Georgia. 

The Underlying Felony

To begin, the accused must have either committed or attempted to commit an inherently dangerous felony, such as any of the following:

Any felony act that is deemed to carry a foreseeable risk of death will suffice. It’s also important to know that each of the elements of the underlying felony must be proven for felony murder to apply.

Causation

The other person’s death must have happened during the commission of the underlying felony or in its immediate aftermath, and the state must be able to show a direct causal link. This means that the felony itself must have been the direct cause of the victim’s death. 

The Matter of Malice

When it comes to felony murder charges, the matter of malice – or intent – is not required. Instead, the state is tasked with proving that the accused intended to commit the underlying felony but needn’t prove that they intended to kill the victim. 

Turn to Experienced Cumming Criminal Defense Lawyers for the Help You Need 

The formidable Cumming, Georgia, criminal defense attorneys at Banks, Stubbs & McFarland are committed to fiercely advocating for your rights in the face of a felony murder charge – in focused pursuit of an optimal case outcome. We’re here to help, so please reach out and contact us online or call 770-887-1209 for more information about what we can do for you today.