Felony murder refers to a legal doctrine that makes it possible for an individual to be charged with murder if someone dies during the commission of a felony. This can be applied even in situations where the individual committing the initial crime did not intend to kill the victim.
In other words, if you kill someone in the process of engaging in felonious activities—such as a robbery or a kidnapping—you may be held responsible for that death under felony murder laws. A Los Angeles homicide and murder defense lawyer can build a case in defense of their clients.
How Does Felony Murder Work?
Felony murder operates under the principle of constructive malice. Your Los Angeles criminal defense lawyer may explain this in greater detail, but in general, this means that the intent to commit a dangerous felony simultaneously implies the intent to kill.
As a result, felony murder allows prosecutors to charge individuals with first-degree murder without needing to prove there was an intent to kill. The rationale is that felonies inherently carry the risk of causing death to someone else as a result of participating in unlawful activities.
The idea is that those who die as a result of the defendant’s actions might not have otherwise lost their life in the absence of said behavior.
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What Felonies Are Commonly Associated with Felony Murder?
Felony murder might arise as a consequence of the following felonies:
- Robbery: If someone dies while a robbery is in progress, all participants can be charged with felony murder.
- Burglary: If you enter a building unlawfully with the intent to commit a crime, you may be charged with felony murder if death takes place during the act of burglarizing.
- Kidnapping: If a kidnapping goes awry and someone dies—whether intentionally or not—the perpetrators of the kidnapping may face felony murder charges.
- Arson: If you set fire to a building and cause the death of a person or people, you may be held liable for felony murder.
What Are the Penalties for Felony Murder?
The penalties for felony murder are severe, and many people who are charged with felony murder often face a felony in the first degree. As one of the more serious levels of criminal activity, felony murder can carry a sentence of life imprisonment.
In some cases, defendants may be eligible for the death penalty in jurisdictions that allow capital punishment. The specific sentences that those charged with felony murder can face will depend on various factors, often including the following:
- The circumstances of the crime
- Any prior criminal history
- The presence or absence of co-defendants
Can You Be Charged With Felony Murder if You Did Not Kill Anyone?
Yes—you can be charged with felony murder if you did not directly kill anyone. Under the felony murder rule, if you participated in a felony that resulted in homicide, you could still be held criminally responsible for their loss of life.
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How Can a Lawyer Help Those Charged With Felony Murder?
If you are facing felony murder charges, a lawyer from our Los Angeles homicide and murder defense law firm can help you in multiple ways:
- Case evaluation: We can assess the details of the incident and determine the most suitable defense strategies for your case.
- Negotiation tactics: We know how to negotiate with prosecutors, and we can communicate with them to reduce charges or seek plea deals.
- Defense skills: We can build a defense based on your specific circumstances and argue against the application of felony murder laws to your case.
- Trial representation: If your case goes to trial, we can represent you in court and advocate for your rights in front of a judge or jury.
Are There Strong Defenses Against Felony Murder Charges?
Yes, there are many defenses against felony murder charges, and an attorney at our law firm can build a strong case in your favor. It all starts with pursuing the possibility of displaying that you had a lack of intent.
Demonstrating that you did not intend to kill anyone or that you were not aware that death could occur during the commission of the felony you committed is one place to start. We can also aim to prove you withdrew from the felony before the death occurred.
If that is true of your case, you may not be liable under felony murder laws. Additionally, if the death was accidental—or not a direct result of the actions you directly took during the felony—we can try to use this information as part of your defense.
Contact a Los Angeles Homicide and Murder Defense Attorney Immediately
If you or someone you care about is facing felony murder charges, it’s important to act quickly and secure legal representation as soon as possible. At Simmrin Law Group, we can serve as your defense attorney.
We have experience protecting the legal rights of those accused of felony murder, and we can help build the strongest defense possible. Murder charges carry life-altering consequences, but with us by your side, you won’t have to face your current circumstances on your own.
Not only do we understand the law, but we also dedicate ourselves to keeping you informed every step of the way. Call our law firm today to learn more about us and how we can represent you in the face of felony murder charges.
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