The felony murder rule in California allows prosecutors to charge someone with murder if a death occurs during the commission of certain felonies, even if the defendant didn‘t intend to kill anyone.
Recent changes to this law have significantly narrowed its scope, but it is still possible. Murder carries an extremely heavy sentence, likely far heavier than the original felony. You must hire a lawyer immediately if you are charged under this rule.
Our Los Angeles criminal defense lawyers will explain what this law means, how it works, and what defenses may be available in your case.
What Is the Current Law?
Under current California law, this rule only applies to people who either directly caused a death, aided in the killing, or were major participants who acted with reckless indifference to human life. The law changed significantly in 2019 with Senate Bill 1437, which severely restricted when prosecutors can apply this rule.
Before 2019, anyone involved in certain felonies could be charged with murder if a death occurred, regardless of their level of participation. This meant that even getaway drivers or lookouts could face murder charges if someone died during the crime, even if they had no knowledge or intention of the killing.
The new felony murder rule requires prosecutors to prove more direct involvement or knowledge of potential deadly force. This significant change has made it possible for people previously convicted under the old rule to petition for resentencing.
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Which Felonies Can Trigger the Felony Murder Rule?
The felony murder rule applies specifically to inherently dangerous felonies listed in California Penal Code Section 189. These include robbery, burglary, rape, arson, carjacking, and kidnapping. Each of these crimes is considered dangerous enough that deaths occurring during their commission may trigger murder charges.
The law recognizes that these specific crimes carry an inherent risk of death or serious injury. Prosecutors must still prove that defendants either directly caused the death or were major participants who acted with reckless disregard for human life. This represents a significant change from the previous version of the law.
Your involvement in the underlying felony must be proven beyond a reasonable doubt. Simply being present at the scene or having knowledge that a felony was occurring is no longer enough to trigger murder charges under this rule.
Felony Murder Scenarios
A robbery at a convenience store tragically ends when a store clerk suffers a fatal heart attack during the incident. Under the current law, participants who actively threatened or restrained the clerk might face felony murder charges, while those who merely acted as lookouts likely would not.
During a home invasion robbery, one burglar shoots a homeowner while their accomplice searches another room. The shooter would clearly face murder charges, while the accomplice might face felony murder depending on their knowledge of the weapon and participation in planning.
Consider also a carjacking where the victim dies in a crash while trying to escape. The prosecutor must now prove that the defendants either directly caused the death or acted with reckless indifference to human life rather than automatically charging all participants with murder under the old felony murder rule.
How Can You Defend Against Felony Murder Charges?
Defense against felony murder charges focuses on challenging your level of participation in the underlying felony. We can work to demonstrate that you were not a major participant or did not act with reckless indifference to human life.
If you were previously convicted under the old felony murder rule, you may be eligible to petition for resentencing. The new law allows many people convicted under the previous version to have their cases reviewed. This process requires careful legal analysis and proper documentation.
Your case may also benefit from challenges to the underlying felony charge itself. If prosecutors cannot prove your involvement in the original felony beyond a reasonable doubt, they cannot prove felony murder charges against you.
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What Are the Penalties for Felony Murder in California?
A conviction for felony murder typically carries severe consequences, including 25 years to life in state prison if it is a first-degree murder or 15 years to life if it was a second-degree murder. The specific sentence will depend on the circumstances.
A felony murder conviction also counts as a “strike” under California’s Three Strikes Law, potentially affecting future sentences. After release, your status as a felon will extend beyond incarceration to impact your rights and future opportunities.
A first-degree murder conviction could also get you sentenced to execution. However, as of 2024, there is a pause on all executions in the State of California.
Contact Us for Help With Your Felony Murder Case
If you’ve been charged under the felony murder rule or believe you may be eligible for resentencing under the new law, we can help evaluate your options. Our criminal defense team understands California’s revised felony murder rule and how it might apply to your situation.
Don’t try to handle these serious charges without hiring a criminal defense lawyer with experience in homicide defense. Contact Simmrin Law Group today for a confidential consultation about your case. We can explain your rights and help develop a strategy to protect your freedom.
Call or text (310) 896-2723 or complete a Free Case Evaluation form