×
Augusta Murder Defense Attorney

Murder Defense

Murder charges are some of the most difficult cases to defend against. If you or a loved one is accused of murder, you need an experienced criminal defense lawyer who has the track record of success in achieving the best outcomes.

Murder Crimes
Overview & References

Murder Defense Lawyer Augusta, GA

Malice Murder and Felony Murder

Murder is considered one of the most heinous crimes known to man. Legally, murder can be classified into two separate categories: malice murder and felony murder. For malice charges, intent to kill must be proven; while a felony murder generally does not require this. However, both can carry life sentences in the state of Georgia. A highly-skilled criminal defense attorney can persuade the jury to have these charges reduced, or completely dropped on your behalf. 

If you or a loved one is facing murder charges, contact Todd Mitchell Law Firm and protect your future today.  

Some examples of Murder and other Homicide Offenses include:

  • Malice Murder
  • Felony Murder
  • Second Degree Murder
  • Voluntary Manslaughter
  • Involuntary Manslaughter

Consequences for Murder and other Homicide Offenses

In the state of Georgia, an individual accused of committing murder will either be charged with malice murder or felony murder. Depending on which one the crime is classified under, the severity can vary. All murder cases aren’t created equal, and your sentencing will depend on the unique details associated with your murder case. But unlike most states, Georgia doesn't classify murders as first or second-degree. In fact, most cases are punishable in three ways:

  • Life with parole
  • Life without parole
  • Death penalty

Murder
Defense

In murder cases, the police can jump to conclusions and fail to fully investigate and consider all possible leads…often times centering their investigation on the first suspect and disregarding all alternative evidence.

I’ve successfully defended murder allegations.

  • I’ve had three jury trials where murder was alleged, and not a single defendant was convicted and sentenced to murder.
  • I have also achieved multiple negotiated reductions from murder to voluntary manslaughter in three other cases.

If you want someone who will not give up and you want someone who will fight until the end, then you need to speak with me. I can not guarantee results in your case. But I can guarantee that I will fight for you and your family.

Laws Governing Murder References

A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

Sentencing possibilities: life in prison without the possibility of parole, life in prison with the possibility of parole, the death penalty. 

GA Code § 16-5-1 (2022)

A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.

A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

GA Code § 16-5-1 (2022)

A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.

Sentencing range: Imprisonment of 10-30 years.

GA Code § 16-5-1 (2022)

A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.

Sentencing: Up to 20 years in prison.

GA Code § 16-5-2 (2022)

A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony. A person who commits the offense of involuntary manslaughter in the commission of an unlawful act, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

Sentencing: Up to 10 years in prison.

GA Code § 16-5-3 (2022)

Case Results

When the stakes are high, the results matter most.

Reduced to Voluntary Manslaughter

Murder

Client charged with murder and possession of a knife. Case reduced to Voluntary Manslaughter.

Not Guilty

Murder

Client charged with murder. Not guilty of murder. Convicted and sentenced on lesser charges.

Reduced to Voluntary Manslaughter

Murder (Potential Life Sentence)

Client was represented by other counsel at his jury trial, was convicted of murder and sentenced to life in prison. In post-conviction work, the murder conviction was vacated. The sentence was reduced to 10 years in prison and 10 years probation to voluntary manslaughter.

Reduced to Voluntary Manslaughter

Murder

Client charged with murder and possession of a firearm. Case reduced to Voluntary Manslaughter.

Reduced to Voluntary Manslaughter

Murder

Client charged with malice murder, felony murder, and obstruction. Case reduced to Voluntary Manslaughter.

Not Guilty

Murder

Client charged with malice murder, two counts of felony murder, and possession of a firearm. Not guilty all counts.

Not Guilty

Murder

Client charged with murder, armed robbery at trial. Not guilty of murder. Not guilty of armed robbery. Convicted and sentenced on lesser charges.

Our Reviews

Here is what our clients have to say.

Skilled, Respectful Representation

"Mr. Mitchell turned a complex issue that we had been fighting for years into an outcome we didn't think was possible, in a matter of months. Make him your first call and you will not regret it. I highly recommend Todd Mitchell"

Won My Case In Less Than 1 Hour

"Mr. Todd was a great attorney and handled my case quickly. I hired him three days before my trial and he came in, did a great job, and he got my case beat in less then an hour in the courtroom. I can't recommend Todd Mitchell enough"

Successfully Proved My Son's Innocence

"Mr. Todd took the time to listen to my son's side of the story. He was very understanding and patient. He took the time to gather the evidence that supported the case and proved my son's innocence. We are very appreciative. Again, thank you!"

The King of Trials - Mr. J. Todd "The Lion" Mitchell 

"Mr. Mitchell is a real lion in the court room. I was facing 52 years and came out with a 2-5 year sentence. When his back is against the wall, Todd doesn't give up. I think he should change his name to J. Todd "The Lion" Mitchell. He is the only lawyer I will trust."

Todd is Knowledgeable & Fearless!

"I was in an impossible situation and thought I would spend a chunk of my life behind bars. Then God sent Todd Mitchell. He spoke up for me to the judge and D.A. at the hearing and was continuously on top of the case. His is the only number I'll call."

Great Counsel and a Great Outcome

"I hired Todd to handle a criminal case with a high probability of significant jail time. He was key in navigating the complexities of my case and always offered sound advice which ultimately resulted in the best possible outcome for my circumstances."

Todd Mitchell is a Winning Trial Expert

"Todd Mitchell is a trial expert, not just a criminal defense lawyer. His extensive experience WINNING trials, not just trying them, sets him apart from other attorneys in this area. If you want someone who will fight for you, hire Todd Mitchell."

Georgia Murder Defense FAQs

Have a specific criminal defense question? Contact us today!

If you have been accused of murder, falsely or otherwise, you should not answer questions and should not voluntarily allow a search of your home, vehicle, or other areas under your control. Many people who are wrongly accused believe they can clear things up if they talk, but it can be a serious mistake. Contact a Georgia murder defense lawyer right away.

Murder charges are obviously very serious, and small mistakes can put you at risk. A local homicide lawyer will know how to identify any weaknesses in your case, take important steps like moving to suppress evidence gathered through an unlawful search, and gather evidence on your behalf. The sooner you get help, the better.

Your murder lawyer will conduct their investigation, which could include obtaining evidence such as footage from security cameras, witness statements, alibi witnesses, and other possible suspects. An experienced homicide lawyer will also be able to review the state’s evidence and identify issues that someone without extensive experience in the criminal justice system might miss.

The best defense will depend on your specific case. Your lawyer may present evidence that you were somewhere else when the murder occurred, or that someone else committed the crime. Or, they may suggest arguing that you acted in self-defense. If your murder defense lawyer is able to suppress evidence against you, the prosecution may not have enough evidence left to prove their case. Your lawyer will work with you to develop the strongest possible defense.

In Georgia, a person is justified in using force to protect themselves or someone else. But, they can only use force likely to cause death or serious bodily injury when they believe it is necessary to protect against death or serious bodily injury. Self-defense is an affirmative defense in Georgia, meaning the defendant must prove the force was justified.

You’ll want to work with a criminal defense attorney with experience defending people against murder and other serious charges. A homicide case is very different from a case involving crimes with much less serious penalties, such as theft and driving under the influence. You will also want to hire an attorney who has trial experience and is willing and qualified to argue your case before a Georgia jury if that is the best option for you.

A person convicted of malice murder or murder in the commission of a felony may be sentenced to death, life in prison without the possibility of parole, or life in prison. A person convicted of second-degree murder in Georgia will be sentenced to 10 to 30 years in prison.

Your murder defense lawyer may challenge the prosecution’s evidence in a number of ways, including filing a motion to suppress some evidence, presenting witnesses to rebut testimony from someone who claims to have witnessed the crime, or bringing in experts to explain why the prosecution’s theory of the crime is not possible.