Georgia Jury Instruction - First Degree Murder - Felony Murder
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FAQ
While many states divide murder into degrees, Georgia law only recognizes one degree of murder. Any murder in Georgia carries a minimum sentence of life in prison. More severe penalties include life without parole or death.
Malice murder (aka an intentional murder), requires the prosecutor to prove there was specific intent to kill. Felony murder does not require any intent to kill. What makes felony murder so prosecutor friendly is that it requires less proof but has the same punishment as its counterpart.
In Georgia, the penalty for a murder conviction will be life in prison without parole, the death penalty, or life in prison. The penalty for murder in the second degree will be a prison term for a period of ten to thirty years. Both murder and murder in the second degree will be felony convictions.
Degrees of Intent Between Murder Charges First-degree murder requires that a person (called the defendant) plan and intentionally carry out the killing. In contrast, second-degree murder requires that the killing either be intentional or reckless and occur in the spur of the moment.
A felony murder conviction carries either life imprisonment without the possibility of parole or the death penalty. It is classified as first-degree murder.
A felony murder conviction carries either life imprisonment without the possibility of parole or the death penalty. It is classified as first-degree murder.