Violent Crimes in Georgia: Murder, Manslaughter, Assault and Battery
Augusta GA Homicide Defense Lawyer
Violent crimes are often the most serious. These kinds of crimes are considered as felonies. They are given the harshest of all punishments and sometimes even the death penalty.
Murder
The intentional act of taking another person’s life is called murder. The most important aspect of this crime is that crime is committed with full intention and knowledge of result of such a crime. The criminal is well aware that he is going to kill another person through his act. For an act of murder the murderer must:
• Be completely sane.
• Have no legal authority to commit the crime.
• Act deliberately.
Murder is legally classified into first degree and second degree murder. There can be slight variations in definition of these murders according to jurisdiction. In general, first degree murder involves a premeditated murder or a murder committed under special circumstances (murder of a judge, witness, police officer etc). A murder which is not pre-mediated is a second degree murder. These kind of murders are committed instantaneously, but with complete awareness that a person is being killed. Apart form the murderer, those involved with planning and execution are also charged with murder. The penalty is usually life imprisonment or death sentence. Second degree murders usually get more lenient sentences with shorter incarceration time before parole.
Manslaughter
Manslaughter is similar to murder in that a human life is taken away but there is no pre-mediation or intention to kill involved in manslaughter. Manslaughter is classified legally into voluntary and involuntary manslaughter. Voluntary manslaughter is usually committed in conjunction with a felony or at the spur of the moment. The killing is committed without forethought or plan to do so. Thus voluntary manslaughter can be called as provoked killing. Involuntary manslaughter takes place where there is no intention to kill, but due to recklessness and negligence someone dies. This can be true in personal injury claims sometimes leading to death. If death occurs within a year of the incident, manslaughter can be charged. Manslaughter is given a less severe sentence when compared to murder. A jail term and fine is common sentences for manslaughter.
Assault and Battery
A combination of threat and physical harm is considered to be acts of assault and battery. Depending on severity of harm caused assault and battery can be charged as a misdemeanor or felony. The punishment also depends on severity of crime. The person committing an assault can be sued for damages caused as well as charged for the crime. Assault necessarily does not mean physical contact. Threatening an individual is also considered as assault. Battery compulsorily involves physical harm caused by offender and that too with intention to do so. Jail time, fines, restraining orders, paying for damages are the usual punishments for assault and battery.