What Is the Difference between Manslaughter and Felony Murder in Georgia? 

Manslaughter is a serious criminal charge in Georgia that can carry a serious sentence. Felony murder, however, is more serious still, and a conviction can mean a life sentence or even the death penalty. If you’re facing a manslaughter or felony murder charge, it’s time to consult with experienced Commerce criminal defense attorneys. 

Voluntary and Involuntary Manslaughter Charges 

Both voluntary and involuntary manslaughter charges relate to causing another person’s death. 

Voluntary Manslaughter 

Voluntary manslaughter applies when the accused intentionally kills the other person, but it is based on the defendant acting on a sudden violent passion that was caused by an incitement so serious it could have driven any reasonable person to become violently enraged. Voluntary manslaughter charges are closely associated with passionate reactions. A conviction can carry a prison sentence of up to 20 years. 

Involuntary Manslaughter

Involuntary manslaughter is the crime of causing someone else’s death in the course of committing an unlawful act in a manner that could cause someone else to suffer very serious physical harm or death. Prime elements of involuntary homicide include that the illegal or reckless behavior on the part of the accused was not driven by malice and was not intended to kill anyone. A conviction for involuntary homicide can carry a prison sentence of from 1 to 10 years. 

Felony Murder

Felony murder is the crime of causing someone else’s death in the process of committing an inherently dangerous felony, such as the following:

The state isn’t tasked with proving that the accused intended to kill the victim, but they are required to prove each of the elements of the underlying felony beyond a reasonable doubt – including their intention to commit the felony. In addition to proving the underlying felony, the state must clearly demonstrate it was the direct cause of the victim’s death, and that the death occurred while the felony was being committed or in its immediate aftermath. 

A conviction for felony murder can carry a life sentence, which may include the possibility of parole but may not. It can also lead to the death penalty in Georgia.

Intention

An important point to make in relation to manslaughter and felony murder charges is that neither involuntary manslaughter nor felony murder requires the defendant’s intention to kill the victim. Involuntary manslaughter stems from a lesser underlying charge that could potentially cause harm or death. Felony murder, on the other hand, requires an underlying felony that is considered inherently dangerous. Finally, while voluntary manslaughter requires the defendant’s intention to kill, the intent must relate to the heat of the moment.

Make the Call to Experienced Commerce Criminal Defense Lawyers Today 

The practiced Commerce, Georgia, criminal defense attorneys at Banks, Stubbs & McFarland appreciate just how serious your situation is and have the experience, drive, and legal skill to help you achieve an advantageous resolution. Learn more by contacting us online or calling 770-887-1209 today.