If you took the life of another person, whether intentionally or unintentionally, it is important to fully understand the possible charges that will be brought against you. Murder and manslaughter are both serious offenses that involve the death of a human being, but there are several key differences between the two. For more information on the definition and differences of these crimes, continue reading here. Work with a knowledgeable Cobb County criminal lawyer for skilled legal advice and representation in your case.

What is Murder?

Murder is a criminal offense that involves the premeditated and intentional killing of another person. Georgia law defines the crime as follows, per the Official Code of Georgia Annotated Section 16-5-1.

  • Causing the death of another human being, unlawfully and with malice aforethought, either express or implied
  • Causing the death of another human being in the commission of a felony, irrespective of malice
  • Causing the death of another human being in the commission of cruelty to children in the second degree, irrespective of malice

The law defines express malice as a deliberate intention to unlawfully take another person’s life, which is evidenced in external circumstances. Malice can be implied when no considerable provocation appears and the circumstances of the offense show an “abandoned and malignant heart.”

What is Manslaughter?

There are two types of manslaughter outlined in Georgia Code Sections 16-5-2 and 16-5-3. The offense typically involves the accidental taking of life or killing without a premeditated plan.

Voluntary manslaughter is defined as the following.

  • When a person causes the death of another human being, that would otherwise be considered murder, but they acted solely as the result of a sudden, violent, and irresistible passion from serious provocation

Involuntary manslaughter involves the following.

  • Causing the death of another human being without any intention to do so by the commission of an unlawful act other than a felony
  • Causing the death of another human being without any intention to do so by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm

What is the Difference Between Murder and Manslaughter in GA?

There are several differences between murder and manslaughter. The most notable distinction is the offender’s intent. For a killing to be considered murder, the perpetrator must have intended to take the person’s life and created a premeditated plan, or have been in the commission of another crime at the time. With manslaughter, the individual did not plan or even try to kill the victim.

Murder is charged as a more serious crime. It is a first-degree felony offense that can be penalized by death, imprisonment for life without parole, or imprisonment for life. As a second-degree felony, it is punishable by imprisonment for 10 to 30 years.

Voluntary manslaughter is a felony punishable by 1 to 20 years, and involuntary manslaughter can be considered either a misdemeanor or a felony punishable by 1 to 10 years of imprisonment. For more information, reach out to an experienced criminal defense attorney today.