Proposed Bill Would Reform California’s Felony Murder Rule

The bill would make felony murder charges available in limited circumstances.

Proposed Bill Would Reform California’s Felony Murder Rule

Felony murder is one of the harshest criminal charges in California law. Under this rule, a defendant can be found guilty of murder if a fellow perpetrator kills another person while committing certain California felonies — even if that killing was an accident. According to a murder defense lawyer Los Angeles, CA, the felony murder rule is an exception to California’s law for murder, which generally requires that a prosecutor prove that a person acted with either an intent to kill or a reckless disregard for human life.

Under the felony murder rule, the prosecutor does not have to show that a person acted with an intent to kill or even a reckless disregard for human life. Instead, the prosecutor only has to prove that a person was killed in connection with the intentional commission of certain California felonies — and that the defendant was either the perpetrator of that crime or an accomplice to the crime.

This rule has long seemed unfair, as a person who genuinely did not know that someone was going to be killed during a crime may be charged with murder. For example, if two friends decided to rob a convenience store, with Friend A acting as a lookout while Friend B goes inside to rob the cashier, Friend A could be charged with murder if Friend B decides to shoot and kill the cashier — even if Friend A didn’t even know that Friend B had a gun! Similarly, if the cashier had a heart attack from the shock of being robbed — and the death was totally accidental — both Friend A and Friend B could be charged with murder under the felony murder rule.

The felony murder rule does have a purpose: to discourage people from participating in dangerous crimes that could lead to the death of another person. Yet is often has unjust results and does not necessarily deter this type of crime. That is because the death is accidental, or the person charged with murder never knew that a person was going to be killed.

As an experienced murder defense lawyer Los Angeles, CA can explain, the felony murder rule may soon change, if a bill introduced by Senator Nancy Skinner passes. SB 1437 would reform the existing felony murder rule by making a distinction between people who participating in the underlying crime and did not know that a murder was going to take place, and those who choose to take someone’s life or aided in the process. The bill would amended current law to prevent participants in certain California felonies from being charged with murder “unless the person was the actual killer or the person was not the actual killer but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer.”

In other words, according to a murder defense lawyer Los Angeles, CA, if you were not an accomplice in the murder or the killer, you will not be charged under the felony murder rule if this bill passes. However, there is an exception: this section would not apply to anyone who was a major participant in the underlying crime and acted with reckless indifference to human life.

While this bill has not yet passed the California Legislature, it is a hopeful sign that there may be a significant change in the law in the coming years. Until it passes, the felony murder rule is still law in California — and it has extremely harsh consequences. If you have been charged with felony murder or any other serious crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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