What Is the Felony Murder Rule?

The felony murder rule is a criminal law concept: If you commit a crime and someone dies then you are charged with murder. It is a federal law and the law in most states and applies even if the person committing the felony had no intention of killing or even endangering another person.

The details of when felony murder applies can be complicated and vary by jurisdiction. Below is a detailed examination of the felony murder rule. If you are charged with a felony and prosecutors are adding a felony murder charge, you should contact a criminal defense attorney to help you.

Felony Murder Doctrine: Who Can Be Charged?

Each state has its own felony murder statute, but if the proximate cause of someone’s death was your actions during the commission of a felony, then the felony murder law may apply. Only the intent to do the underlying crime, sometimes referred to as culpability or mens rea, applies, not an intent to commit a murder.

It’s possible to be charged with first-degree murder under the felony murder rule even if there’s no intent to kill. Additionally, the defendant doesn’t have to be the one who killed the victim. Typical situations include:

• Solo actor: The felony murder rule is applicable in situations where a person commits a felony alone. A common example is when the underlying felony is arson. The defendant sets fire to a building with no intention of harming anyone, yet someone dies in the fire (which could include firefighters). The felony murder rule would also apply to someone charged with aiding and abetting someone else committing a felony.
• Two or more actors: Another common situation is an armed robbery where only one of the participants shoots the victim. In these cases, all of the participants in the robbery can be charged with felony murder, even though they didn’t kill the victim.
• Victim or bystander killing: It’s also possible that felony murder applies in cases where none of the felony participants killed anyone, such as when the victim, police officer, or a third-party bystander kills someone while trying to stop the robbery. Felony murder in these cases would apply if a victim, a third-party, or even one of the felony perpetrators gets killed by someone other than a felony participant.

Felony Murder Doctrine: Defenses

The description of what is considered a felony murder is statute-driven, but typically it requires a felony to be committed and the death to occur during the felony.

• Did a felony occur? One defense to felony murder is that the required felony didn’t take place. Some state statutes allow any felony to be considered, but most statutes require a “dangerous felony” to trigger the felony murder rule. These “dangerous felonies” generally include robbery, burglary, arson, kidnapping, or rape.
• Was the killing during the commission of a felony? Another defense is that the killing didn’t take place during the commission of the felony. To counter this defense, some state statutes have language allowing for felony murder to be charged when there’s an attempt and not just the act of the felony. For example, bank robbers run over and kill a pedestrian on their way to rob a bank, and decide not to rob the bank.

Felony Murder Doctrine: Penalties

Most states put the description of felony murder in their statutes for first-degree murder, which means that a charge of felony murder could subject a defendant to the death penalty. However, some states specifically limit the maximum penalty to life imprisonment. Other states will allow judges to consider the explicit involvement of the defendant in the felony, and to provide lesser sentences based on the level of involvement.

Limitations on the Death Penalty for Felony Murder

The U.S. Supreme Court has addressed whether a co-defendant could be subjected to the death penalty for a felony murder. In one case from 1982, Enmund v. Florida, the court ruled that Florida couldn’t execute a co-defendant who had a minor role in the felony, as that defendant didn’t kill, attempt to kill, or intend to kill anyone involved.

However, the Supreme Court modified the limitation on the use of the death penalty in another felony murder case from 1987, Tison v. Arizona. Specifically, it allowed the death penalty in felony murder cases where the defendant was a “major participant” in the felony and the felony was committed with reckless indifference to human life.

Get An Attorney To Help You

The felony murder rule’s application in the criminal justice system will depend on so many factors. Every case and all the circumstances of a case are unique, but a felony murder conviction will have irrevocable consequences for you. It could mean a life sentence. Contact an experienced criminal defense attorney to get the legal representation you need to protect your rights and freedom.