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Thursday, February 23, 2012
Charges against the grandmother and stepmother of Savannah Hardin, the girl who was "run to death," have been downgraded from ‘Capital Murder' to ‘Felony Murder.' Birmingham criminal defense attorney Tommy Spina says the difference between the two charges is minor.
Spina says the main difference is that Capital Murder has to show a specific intent to murder a person. Felony Murder does not require an intent to murder, but does require the intent to commit the underlying felony.
"For example, if I rob a convenience store and, as I'm leaving, the clerk shoots at me and hits a bystander, I can be charged with that person's murder," said Spina. "It's murder committed during a different felony."
The punishments for both Capital Murder and Felony Murder are the same, according to Spina. They are both a Class A Felony. Those convicted for either can be charged with 10-99 years to life imprisonment. If a weapon is involved, the minimum year sentence jumps to 20 years.
"The charges against the defendants could be upgraded again to Capital Murder because the case involves the death or someone less than 14 years of age," said Spina.
He adds that Capital Murder has certain factors that must be met.
"Causing death during a violent felony would be considered Capital Murder," said Spina. "If I was to shoot the clerk in the previously mentioned robbery, that's capital murder because of the death during a robbery. Shooting a police officer or killing two people at once are two other possible Capital Murder factors."
Spina says the stepmother's charge stems from her inaction.
"In the commission of a crime, if you don't act, you are aiding and abetting… you're partners in crime," said Spina.
At this point the suspects will soon go before a judge for a preliminary hearing. This will determine if there is enough evidence for a trial. If the judge determines there is enough evidence, the case will go before a grand jury.
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Keywords: attorney, Hardin, murder, capital, felony,
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