Atlanta Murder Lawyers

Murder Defense Attorneys in Georgia

Murder is the most serious criminal charge you can face. In Georgia, you not only have to worry about a lifetime in prison—there’s also the possibility of the death penalty. If you or someone you know has been arrested for murder, finding an experienced and knowledgeable murder defense attorney should be your number one priority.

At Nick Lotito & Seth Kirschenbaum, we understand how frightening it can be to potentially lose your freedom. You need aggressive and skilled legal representation right away, and this is precisely what we offer. Our lawyers each have over 30 years of experience in criminal law, and have a history of dismissals and acquittal in violent crime cases.

Call (404) 471-3177 or fill out this online form to contact our Atlanta murder attorneys today for a free consultation.

Understanding Murder Charges in Georgia

In Georgia, murder is the most severe type of homicide because it involves a killing that is planned and done on purpose, with some evil intent. If a wife kills her husband for cheating on her, or a driver follows someone after a road rage incident and runs them over, it may be considered murder.

Malice Murder

This involves intentional killing with malice aforethought, meaning the perpetrator acted with a deliberate intention to take a life. It is a felony charge that carries a penalty of life imprisonment or even the death penalty in certain cases.

Felony Murder

A felony murder occurs during the commission of an inherently dangerous felony, such as robbery or burglary, regardless of intent to kill. This too is a felony charge with severe penalties.

For example, if a man robs a liquor store and accidentally kills the store clerk with a gun, the shooter may be guilty of felony murder. Even if they didn’t intend to shoot the clerk, simply committing a felony and killing someone can result in a felony murder charge.

If you or a loved one is facing murder charges in Atlanta, it is crucial to act quickly. Contact our murder attorneys in Georgia now.

Penalties for Murder in Georgia

Unlike other states, Georgia does not classify murder as first-degree or second-degree. Instead, any killing with malice or a killing without provocation is murder. However, the severity of the punishment depends on the seriousness of the surrounding circumstances. 

Murder and felony murder cases are usually considered among the most heinous crimes, and the punishments are very extreme: including life in prison and the death penalty. Parole may be an option only after a minimum of 30 years in prison.

Aggravating Factors in a Murder Case

Aggravating factors are circumstances that can increase the severity of the charges or the penalties imposed upon conviction. In Georgia, these factors can lead to harsher sentences, including the possibility of the death penalty. Here are some common aggravating factors considered in murder cases:

• Prior convictions
• Commission of another crime
• Victim vulnerability
• Evidence of cold, calculated, and premeditated act
• Use of a Deadly Weapon
• Murder of multiple victims
• Murder of law enforcement or public officials

Potential Defenses Against Murder Charges

When facing murder charges, various potent defenses can be leveraged to protect your rights and freedom, making skilled legal representation crucial. Options such as self-defense or defense of others can demonstrate that your actions were necessary to prevent imminent harm, while asserting an insanity defense may reveal that you were unable to comprehend the nature of your actions due to mental illness. 

Additionally, challenging the prosecution's evidence through claims of mistaken identity or lack of intent can undermine their case significantly. Each case is unique, and having our Atlanta murder attorneys on your side means that you will have a comprehensive defense strategy tailored to your specific situation, maximizing your chances of a favorable outcome.

Contact Our Murder Lawyers in Atlanta

If you want your best chance at beating your case, you need an Atlanta violent crimes attorney who can investigate the scene of the arrest, gather evidence to use in your defense, be honest with you about your case and work diligently to get your charges reduced or dropped. 

Attorneys Nick Lotito and Seth Kirschenbaum are ready to do that for you.

For immediate assistance and a free, confidential consultation, please contact Nick Lotito & Seth Kirschenbaum online or call us at (404) 471-3177.

Commonly Asked Questions

What is the Difference Between Murder and Manslaughter?

Murder involves intentional killing with malice aforethought, while manslaughter is typically a less severe charge that involves unintentional killing or killing in the heat of passion. Voluntary manslaughter is a felony but carries lighter penalties than murder.

Can Self-Defense Be Used as a Defense in Murder Cases?

Yes, if the accused can demonstrate that they acted in self-defense to prevent imminent harm, this may be a valid defense. The force used must be proportional to the threat faced.

How Long Does a Murder Trial Typically Take?

The length of a murder trial can vary widely, but it often takes several months to over a year from arrest to trial, depending on the complexity of the case, pre-trial motions, and court schedules.