When a death occurs during the commission of a felony, the defendant may be charged with felony murder. This is a serious criminal law charge that can result in a conviction and the death penalty. In this article, we’ll define felony murder, explore the underlying felonies and felony murder rule in different contexts, and look at examples of felony murder cases.
What is Felony Murder?
Definition of Felony Murder
Felony murder occurs when someone causes the death of another person during the commission of a felony. It can happen even if you didn’t intend to cause the death, and even if you weren’t the one who caused it directly.
Underlying Felony and Felony Murder Rule
The underlying felony is the original crime that is being committed at the time of the death. This could be anything from robbery to kidnapping, depending on the circumstances. The felony murder rule means that if someone dies during the commission of the underlying felony, all participants in that crime can be charged with felony murder.
Inherently Dangerous Felonies and Felony Murder Charge
Some felonies are considered inherently dangerous, meaning that the risk of someone getting hurt is so high that anyone who participates in that crime can be charged with felony murder if someone does get hurt. Examples of inherently dangerous felonies include burglary, arson, and drug trafficking.
Examples of Felony Murder Cases
Defendant Charged with Felony Murder in Robbery Case
Imagine a group of people committing a robbery. During the theft, one of the robbers accidentally shoots and kills someone. All of the robbers, even the ones who didn’t fire the fatal shot, may be charged with felony murder.
Felony Murder Conviction Case of a Drunk Driver
Another example is a drunk driver who causes a fatal accident while driving under the influence. The drunk driver can be charged with felony murder because they committed the felony of driving under the influence and caused the death of another person.
Death Penalty Sentencing in Felony Murder Cases
In some states, a conviction for felony murder can lead to the death penalty. For example, in California, if someone is convicted of first-degree murder under the felony-murder rule, they may be sentenced to death.
Elements of Felony Murder
Attempt to Commit Felony and Felony Murder Charge
Even if you didn’t complete the underlying felony, you can be charged with felony murder if you attempted to commit the felony and someone died as a result. For example, if you attempted to rob a convenience store but were caught before you could leave and an officer was killed in the process, you could be charged with felony murder.
Criminal Defense Strategies for Felony Murder
If you are charged with felony murder, it’s important to work with a skilled criminal defense lawyer who can help you build a strong defense. Some common defense strategies for felony murder include arguing that you didn’t intend to cause the death, or that the underlying felony wasn’t dangerous enough to qualify for a felony murder charge.
Intentional and Unintentional Felony Murder
Depending on the circumstances, felony murder can be intentional or unintentional. If the death was the result of a deliberate act, like shooting someone during a robbery, that’s intentional felony murder. If the death was accidental, like someone falling and hitting their head during a burglary, that’s unintentional felony murder.
Federal Law and Felony Murder
Federal Law and First-Degree Murder Definition
Under federal law, first-degree murder is defined as a killing that occurs during the commission of a felony. This includes both intentional and unintentional killings that happen during the commission of a felony.
Intent to Kill and Felony Murder Conviction
Contrary to popular belief, you don’t need to have intent to kill in order to be convicted of felony murder. As long as the death occurred during the commission of a felony, you can be charged with felony murder.
Circumstances Leading to Felony Murder Charge
In federal law, the specific circumstances leading to a felony murder charge may vary. Some of the factors that can impact the charge include the level of harm caused to the victim, whether a weapon was used, and whether the defendant intended to commit the underlying felony.
How Prosecution Proves Felony Murder?
Indifference to Human Life and Felony Murder Charge
One way that the prosecution can prove felony murder is by showing that the defendant had a reckless indifference to human life. This means that they knew their actions could cause harm but continued anyway.
Inherently Dangerous Felonies Leading to Felony Murder Charge
Another way that the prosecution can prove felony murder is by showing that the underlying felony was inherently dangerous. This means that the felony was likely to result in harm even if everything went according to plan.
Death During Commission of a Felony and Felony Murder
Finally, the prosecution can prove felony murder by showing that the defendant caused the death of another person while in the commission of a felony. This could include causing someone to have a heart attack during a robbery or accidentally killing someone while attempting to kidnap them.
In conclusion, felony murder is a serious criminal law charge that can result in a conviction and the death penalty. If you are facing charges of felony murder, it’s important to work with a skilled criminal defense lawyer who can help you build a strong defense based on the circumstances of your case. Additionally, understanding the underlying felonies and felony murder rule can help you avoid felony murder charges in the future.
