California Penal Code 189
Felony Murder Defense
Felony murder applies when a death occurs during the commission of a specified felony
Felony Murder Defense?
Felony murder defense is a unique and severe charge in California that applies when a death occurs during the commission of a specified felony, regardless of whether the death was intended. Under the felony murder rule, you can be charged with murder even if the death was accidental or caused by someone else involved in the crime. Common felonies that trigger the felony murder rule include robbery, burglary, rape, arson, and kidnapping.
How We Can Help
At Virtuoso Criminal and DUI Lawyers, we are experienced in handling complex felony murder defense in California. Our legal team will conduct a thorough investigation of the facts, challenge the prosecution’s evidence, and explore every possible defense to fight for your freedom. Whether it’s proving your lack of involvement, questioning the foreseeability of the death, or disputing the underlying felony, we are prepared to build a robust defense strategy tailored to your case.
Facing a felony murder charge is an intimidating and life-changing experience. Our attorneys are committed to providing dedicated legal representation to help you navigate the legal system and protect your rights. Contact us today for a free consultation to learn how we can assist you with your defense.
Examples of Felony Murder
- Death During Robbery: If someone is killed during a robbery, even if the death was not planned or caused directly by the defendant, felony murder charges may apply.
- Death During Burglary or Arson: If a person dies as a result of a fire or an injury sustained during a burglary or arson, the individuals committing the felony could be charged with felony murder.
- Death During Kidnapping or Rape: If a kidnapping or rape leads to the death of a victim or a bystander, all participants in the underlying felony may be held liable for murder.
Potential Felony Murder Defense in California
Being charged with felony murder can feel overwhelming, but there are several felony murder defenses in California that can be raised to fight the charges:
No Participation in the Felony: If you were not involved in the felony or were wrongfully accused of participating, a strong defense may focus on proving your non-involvement in the crime that led to the death.
Death Was Not a Foreseeable Consequence of the Felony: For a felony murder charge to stick, the prosecution must show that the death was a foreseeable outcome of the felony. If the death was an unforeseeable or freak accident, this defense may help mitigate the charges or even result in an acquittal.
Lack of Intent to Commit the Underlying Felony: Since felony murder hinges on the occurrence of a felony, a defense strategy might focus on proving that you did not intend to commit the underlying felony. If the felony charge is dropped, the felony murder charge will also be challenged.