If you or someone you know is facing murder charges, contact the law firm of Banks, Stubbs & McFarland LLP today.
A crime can be considered murder when it is premeditated, with intent to kill another person, acting with depraved disregard for human life, or kills another while committing a felony. It goes without saying that a person who is accused of a murder charge is facing one of the most serious charges a person can face. That’s why you need a skilled criminal defense attorney to begin building your case.
Georgia, unlike other states, does not classify this level of crime as first-degree and second-degree. Any killing with malice or killing without provocation, in Georgia, is murder. Georgia law does, however, specify that second-degree murder is committed when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
A murder case is different than most other criminal charges when it comes to bonds. The magistrate court typically has the authority to set a bond for people accused of a crime, but for a murder charge, only a superior court judge can set the bond.
As a result, an automatic bond will not be set after an arrest. If probable cause for murder is found by a magistrate court judge, a defense attorney would need to file a new motion for the bond in superior court. This can, unfortunately, take several weeks before a hearing can be made before the Superior Court, during which time the accused will remain in jail.
If probable cause is indeed found, the defense attorney would need to file for a new motion for the bond in Superior Court. An attorney can also request a consent bond through the District Attorney assigned to the case. A DA-approved consent bond order can be presented to a Superior Court Judge without having to wait on a hearing date.
Although the seriousness of the surrounding circumstances will determine the severity of the punishment, if an individual is convicted of murder, this crime carries a minimum sentence of life in prison that may or may not include parole, and can also result in the death penalty. A conviction of second-degree murder carries a sentence of between ten and thirty years in prison.
We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Suwanee law firm as soon as possible to learn how we advocate for your best interests.