Fulton County Homicide Lawyer

Fulton County Homicide Attorney

Facing homicide charges in the state of Georgia is a uniquely terrifying experience. At Miller North & Brill, we understand that in these situations, the safeguarding of your rights and protections is of the utmost importance. Our Fulton County homicide lawyers are prepared to work diligently in your defense and provide you with excellent representation. Our team of criminal defense attorneys has a deep understanding of the legal system.

Hire a Homicide Lawyer

If you have been charged with homicide, you are likely facing severe penalties of imprisonment or even the death penalty. You are also likely facing feelings of panic, which are completely normal and understandable, given the position you find yourself in. However, when you hire a homicide lawyer from Miller North & Brill, you can rest assured knowing that you have the right people on your side, advocating for your rights and freedom.

Homicide Rates in Georgia

Using data collected through the Uniform Crime Reporting Program, the Georgia Crime Information Center reported 730 homicides in 2024. This offense accounted for 0.36% of all reported crime, with a rate of 7 per 100,000 population.

If you or a loved one has been accused of homicide, your case may be heard at the Lewis R. Slaton Courthouse in Atlanta. The Fulton County Superior Court has exclusive jurisdiction over felony cases such as homicide. The only exception is the first appearance, which is held at the Fulton County Jail.

Georgia Homicide Charges at a Glance

In the state of Georgia, accusations of homicide are some of the most serious charges you can face. Understanding these charges is essential for anyone who finds themselves involved with the criminal justice system for these charges.

Instead of categorizing homicide as first-degree, second-degree, or third-degree, Georgia recognizes six distinct categories of homicide defined by the categories of intent and circumstances. Being charged with a less serious form of homicide could allow for eventual release compared to life imprisonment or even the death penalty.

In order of severity, the different types of homicide recognized in Georgia include:

• Malice murder (O.C.G.A. § 16-5-1). Causing the death of another person through unlawful and malicious behavior. Malicious aforethought is required and is defined as intending to cause harm that could lead to death.Malice can be either express or implied. Express malice is the deliberate, unlawful taking of another life with external circumstances that can be proven. When external circumstances cannot be proven, and no external provocation is evident, malice is implied.
• Felony murder (O.C.G.A. § 16-5-1). When a murder is committed by a person who is also committing an unrelated felony, the presence or absence of malice is irrelevant. Specifically, the accused does not have to intend to cause death, only that death did occur.The penalty for malice or felony murder could be a death sentence, or imprisonment for life, either with or without the possibility of parole.
• Second-degree murder (O.C.G.A. § 16-5-1). When a child under the age of 14 is killed due to the actions, or inaction, of another person, regardless of the presence or absence of malice. Second-degree murder is most commonly charged when death occurs while the accused is also committing cruelty to children in the second degree.The penalty for second-degree murder is imprisonment for no less than 10 years, but no more than 30 years.
• Voluntary manslaughter (O.C.G.A. § 16-5-2). When the murder occurs directly after the accused was provoked by the victim, it is often considered a crime of passion. This category of murder is often categorized by a sudden, violent, or irresistible passion.The defining feature of voluntary manslaughter is the lack of premeditation or an appropriate amount of time between the provocation and the act that could have allowed the accused to regain reason. The penalty for voluntary manslaughter is imprisonment for no less than one year, but no more than 20 years.
• Involuntary manslaughter (O.C.G.A. § 16-5-3). When a murder is caused unintentionally by someone who is either engaged in an unlawful act or in a lawful act in an unlawful manner, unless the unlawful act is a felony.The penalty for involuntary manslaughter caused during the commission of an unlawful act is imprisonment for no less than one year, but no more than 10 years. The penalty for involuntary manslaughter caused during the commission of a lawful act in an unlawful manner should be tried as a misdemeanor.
• Vehicular homicide (O.C.G.A. § 40-6-393). A death that occurs without malice or premeditation due to the reckless or careless actions of someone driving a vehicle.
  • Second-degree vehicular homicide is considered a misdemeanor and occurs when death is the result of intentional harm caused by violating a minor traffic law.
  • First-degree vehicular homicide is considered a felony and occurs when serious traffic laws are violated. Certain behaviors can increase the charge from second- to first-degree, like leaving the scene of an accident.
  • The penalty for felony vehicular homicide is imprisonment for no less than three years, but no more than 15 years, unless the accused is a habitual violator, in which case the penalty is imprisonment for no less than five years, but no more than 20 years.

Why Miller North & Brill Is the Right Choice for Your Homicide Defense

The state of Georgia is not lenient when it comes to homicide charges. Both the courts and the prosecution team take these charges very seriously, and you deserve to have legal counsel and representation who can take on your defense with equal commitment. At Miller North & Brill, our team of award-winning defense attorneys can put their experience and resources to work to provide you with the right avenue of defense.

When you choose to work with Miller North & Brill on the defense of homicide charges in Georgia, you can rest assured that you are protecting your future. We can offer the advice necessary for navigating these charges, have the ability to negotiate with the prosecutor for a trial settlement or plea bargain, have access to the resources to build your defense, and are committed to protecting your interests from start to finish.

Penalties and Potential Defenses for Homicide in Georgia

In the state of Georgia, most convictions of homicide can result in penalties of life imprisonment, imprisonment without the possibility of parole, imprisonment with the possibility of parole, or the death penalty by lethal injection.

Common defenses for homicide charges that your defense attorney may be able to use in your case include:

• Self-defense. If you fear the other person is trying to cause you or someone else great bodily harm or death, you are justified in using force to protect yourself or others. Georgia allows the use of deadly force if you are threatened in a place you have the right to be or in defense of your property or home.
• Accident. It may be possible to argue that the death occurred due to an accident. When an accident does not involve criminal scheming or foreplanning, it can result in charges being dismissed or reduced.
• Passion. Arguing that the crime happened in the heat of the moment due to the provocations of the victim. The charges may not be dropped, but they could be reduced, resulting in a less severe sentence.
• Coercion. In some instances, you could argue that the crime only occurred because you were being threatened with harm from an outside source.
• Mental capacity. Often called an insanity plea, you could argue that you were mentally incapable of recognizing the difference between right and wrong at the time of the offense.
• Evidential challenges. If you have been wrongfully accused, you can provide evidence of an alibi for the time of the offense or other evidence that contradicts the evidence presented by the prosecution.

FAQs About Homicide Law

What Is the Term for Accidentally Killing Someone?

Involuntary manslaughter is the term used to define moments in which an individual dies due to the unintentional acts of another human being. Charges of this nature can arise from reckless behavior, criminal negligence, or dangerous or impaired driving when the death of the victim is not intended by either party.

How Long Are Murderers in Jail?

In the state of Georgia, the amount of time someone convicted of murder is imprisoned may vary depending on the type of conviction. Typically, a murder charge results in life imprisonment with or without the possibility of parole. In the most severe murder cases, the individual convicted could face the death penalty.

How Many Years Can You Get for Involuntary Manslaughter in Georgia?

In the state of Georgia, individuals who are convicted on the grounds of involuntary manslaughter that took place as a result of or during the commission of an unlawful act can face a minimum of one year in prison and a maximum prison sentence of up to 10 years. The exact number of years depends on the circumstances of the charge.

What Should You Do if You Have Been Falsely Accused of Homicide?

If you have been charged with homicide on false allegations, you need to contact a criminal defense attorney immediately. There is no time to waste, and it may be risky to try to handle this situation on your own. The timely intervention of an experienced homicide lawyer can make all the difference when it comes to a successful outcome.

Contact a Trusted Fulton County Homicide Lawyer Today

If you or someone you love has been charged with homicide in the state of Georgia, you need the assistance of solid legal counsel and representation. Don’t hesitate to reach out to schedule a free consultation with the attorneys at Miller North & Brill. You deserve the right to a fair trial and just treatment, and we can do everything in our power to help. Call us today, and let us handle the complexities of your charges.