Sarah Flack Law  •  The Golden Lawyer  •  Atlanta, Georgia
Criminal Defense  |  Felony Murder  |  Georgia Law

Could You Be Charged With Felony Murder for What Your Friend Did?

A Real-World Hypothetical Every Georgian Needs to Understand

You didn’t pull a trigger. You didn’t even know your friend had a gun. You were just trying to buy a pair of Jordans off Facebook Marketplace — and suddenly everything went wrong. Now the question is: can the State of Georgia charge you with felony murder?

The answer might shock you. And it’s exactly why understanding Georgia’s felony murder rule isn’t just for lawyers — it’s for anyone who’s ever been in the wrong place at the wrong time.

The Hypothetical: The Jordan Robbery

The question: Can Friend A — the driver who didn’t shoot, didn’t know about the gun, and was actively fleeing a robbery — be charged with felony murder?

What Is Felony Murder in Georgia?

Under Georgia law (O.C.G.A. § 16-5-1), a person commits felony murder when a death occurs during the commission of — or attempt to commit — a felony, even if that person did not personally cause the death.

That’s the part people don’t see coming. You don’t have to fire a shot. You don’t have to intend for anyone to die. If a death results from a co-participant’s actions during the commission of a felony — and the State can connect you to that felony — you can face a felony murder charge.

To make the charge stick, the prosecution must establish:

• A felony was being committed or attempted
• A death occurred during that felony
• A causal connection exists between the felony and the death
• The defendant was a participant in that felony

Applying the Law to Friend A

Here’s where it gets complicated — and where a great defense attorney earns their fee.

The State’s Argument Against Friend A

A prosecutor could argue that the encounter escalated into mutual combat or that Friend B’s shooting was an act in furtherance of a joint enterprise — framing both friends as participants rather than victims. They may try to identify a predicate felony committed by Friend A, such as aggravated assault or possession of a firearm in the commission of a crime, even if the connection is tenuous.

Georgia prosecutors are aggressive. They will look at every person connected to the scene.

The Defense Argument for Friend A

A skilled defense attorney attacks this from multiple angles:

• No shared criminal intent. Friend A didn’t know Friend B had a gun. There was no plan, no agreement, no shared criminal purpose. Felony murder requires participation in the underlying felony — Friend A was the victim of the robbery.
• Self-defense and defense of others. Georgia’s Stand Your Ground law (O.C.G.A. § 16-3-21) may apply. Both friends were victims of an armed robbery. Friend B’s act of shooting could be legally justified, which eliminates the predicate felony entirely.
• Proximate cause. The robber initiated the armed robbery. The criminal act of the deceased — pulling a gun on innocent buyers — set this entire chain in motion. The defense can argue the robber’s own conduct was the proximate cause of the death.
• No valid predicate felony by Friend A. Without Friend A committing or co-committing a felony, the legal foundation for a felony murder charge against him collapses.

So Can He Be Charged? The Real Answer.

Technically, yes — the State can charge almost anyone. Grand juries indict. Prosecutors make charging decisions. And in high-profile cases, they cast wide nets.

But should it stick? Based on these facts, Friend A has powerful defenses. The absence of shared criminal intent, Georgia’s self-defense statutes, and the lack of a valid predicate felony all work in his favor.

The difference between an indictment and an acquittal is the lawyer in the room.

Cases like this are never simple. The facts matter. The sequence of events matters. What you knew, when you knew it, and what you intended all matter enormously. If you find yourself connected to a situation where someone died — even if you didn’t pull a trigger — your first call needs to be to an attorney who knows how Georgia’s felony murder statute actually works in the courtroom.

That’s what I’m here for.