Many are surprised to learn that in the state of California you can be charged with and convicted of murder without every holding a gun, a knife, or any other murder weapon. There is one type of murder you can be arrested or that does not require you to have any intent to have killed anyone and in some cases you don’t even have to ever have been near the person who dies. This is all true under the felony murder rule.
If you have been charged with murder in the state of California then it is imperative for you to find a criminal defense attorney sooner rather than later. At Chambers Law Firm we have the experience you need. Read on to learn more about the felony murder rule, how to fight it, and why you need to work with us. Then call our offices at 714-760-4088 for a consultation.
The basics of the felony murder rule
In the state of California, a person who commits a dangerous felony in which one person dies is considered guilty of that murder. The purpose of the law is to prevent people from engaging in dangerous actions that could hurt or kill others. The government is able to actually allege that one person is criminally liable for someone’s death even if the accused wasn’t near them when they died.
When this rule is applied, the courts do not distinguish between accidental, negligent, or intentional homicide. If a person dies while a person is committing a felony, then the person committing the felony can be charged with murder – it’s that simple.
Note as well that the prosecutors don’t need to prove that the killing was part of the crime or that it was necessary for the crime to continue. They don’t need to prove that the killing was a direct result of the crime. Even a death that was entirely unforeseeable can trigger the felony murder rule.
The felony murder can make a person liable for first- or second-degree murder
The prosecutor can bring a charge of first-degree or second-degree murder and which they bring is largely the result of what type of felony was being committed. If it’s a crime they consider to be a more serious crime, such as rape, arson, robbery, or kidnapping, then a charge of first-degree murder is likely. If the crime was a less serious crime then it’s more likely that a second-degree felony murder charge would be forthcoming.
The penalties of a felony murder rule conviction are serious
If a person is charged with and convicted of murder under the felony murder, they then will face the same consequences they’d face if they were convicted of first- or second-degree murder. This is why it’s so important to have an attorney from the moment you’re arrested or even questioned for a crime in which a death occurred. You can reach Chambers Law Firm at 714-760-4088 right now for a free legal consultation.
