Felony murder is a law that may apply in any felony case that results in a human death. For instance, if a suspect kills without the intention of doing so while committing another crime, the charged crime is automatically increased from manslaughter to felony murder. In most cases, the original crime being committed must have been either violent or dangerous in nature in order for the subsequent death to be ruled felony murder. Most supporters of this law justify its existence by considering it a means of keeping dangerous felonies from happening.
How is the Law Applied?
In most state and federal jurisdictions, there are specifically listed offenses for which the felony murder doctrine can be applied. In order for an offense to “qualify” for a felony murder charge, the original accompanying crime must directly endanger the life of another person. For instance, the felony murder law can be applied to both state and federal level crimes where the original offense was harmful in nature, which include crimes such as:
- Robbery, Burglary, or Home Invasion
- Rape, Sexual Assault, or any other Forced Sexual Activity
- Intentional Arson
- Felonious Escape from Custody
Just or Unjust?
Many debates have been sparked over this ruling in law, simply because of the fact that non-supporters argue the law itself does not acknowledge the fact that the suspect had no intention of killing another person. Supporters of the law rebut by stating that if the suspect had not attempted to commit the original crime, which in all cases involved a violently charged act, the resulting death would not have occurred. Therefore, by committing the intentional crime, the defendant claimed responsibility for any unintentional outcome that may have occurred.
Basically what it boils down to is this: if you are committing an arson, and the house you set fire to has people in it and they die as a result of you lighting the fire, even though you had no intention of killing anyone, you may be charged with one count of felony murder for each person that was killed. On the other hand, if you throw a soda bottle out of your car window and someone trips over it and dies due to the fall, in cases such as these you wouldn’t be charged with any form of homicide or manslaughter.
Getting Help
If you are facing felony murder charges, you must call an experienced criminal attorney immediately. The penalties for felony murder are among the most extreme the justice system has to offer, and you will need an experienced lawyer to help you defend yourself in order to try to secure your freedom from these serious charges.
