What Is the Felony Murder Rule?
Under California’s “felony murder rule”, you can be convicted for a homicide if another individual dies while you are committing a crime. This is true even if you did not kill the individual yourself or intend for them to die.
The state softened its felony murder rule in 2019. The old rule held you liable for murder for almost any death that occurred while you committed a felony. Now, there are some limitations on the events that can lead to a felony murder conviction. However, a conviction under the felony murder rule still carries the same penalties as any other murder.
New Felony Murder Rule in California
Under California’s new felony murder rule, which went into place in 2019, a prosecutor must prove that during the commission of a felony in which you were involved, one of the four following circumstances applied:
- You killed another individual
- You aided or abetted someone else in the commission of a first-degree murder
- You were a major participant in a felony that displayed reckless indifference to another person’s life
- Because of your actions, an on-duty law enforcement officer or other peace officer was killed
Note that you can be convicted under the felony murder rule during the attempted commission of a felony. It does not require you to actually carry out the felony crime. For example, imagine you intended to commit a carjacking and ordered the driver to get out but never entered the car. It does not matter that the carjacking failed if the driver is killed in the process. You may still be guilty under the felony murder rule.
Who Is a Major Participant in a Felony?
One scenario that can lead to charges under the new felony murder rule is if you were a “major participant” in the commission of a felony. There are certain factors that a court can evaluate to determine whether you were a major participant. These include:
- If you were the mastermind or involved in the planning of the crime
- If you purchased, gave, supplied, or stole any weapons for use in the crime
- If you were present where the actual murder occurred
There is no bright-line rule on what makes someone a major participant in a felony. This means that an experienced criminal defense lawyer can argue that your role in a felony that caused someone’s death was not major and that, therefore, you should not be found guilty for the murder.
How Is Punishment Determined Under the Felony Murder Rule?
If you are convicted under the felony murder rule, you are liable for the death as if you killed the individual yourself. Your punishment will depend on whether the murder is considered first or second-degree.
First-degree felony murders are if the death happens during the commission or attempted commission of a specific list of crimes. This list includes, but is not limited to:
- Arson
- Rape
- Carjacking
- Kidnapping
- Torture
- Burglary
- Robbery
- Mayhem
First-degree murder convictions can lead to the death penalty, though there is a current moratorium on executions in California. The minimum sentence for first-degree murder is 25 years in California state prison. You also could be sentenced to life without the possibility of parole.
Second-degree felony murder rule convictions are all those that happened during crimes that are not on the first-degree murder list. Second-degree murder convictions carry a fifteen-years-to-life sentence.
If you have a loved one who faces conviction under the felony murder rule in Tustin, California, they will need an experienced legal defense team. Schedule a no-obligation consultation with the Chambers Law Firm today by contacting us at 714-760-4088 or dchambers@clfca.com.
