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Understanding the Definition of Felony Murder

Felony murder is a legal construct that expands what the definition of homicide is in the statutes. It applies when a person commits a felony, and someone dies in the process of that crime. In this type of murder case, the perpetrator did not intend to cause harm to or kill another person, but they did intend to commit the other felony act that led to their death.

In this case, the defendant is still criminally liable for their death under felony murder. This rule applies to only very specific cases where there is a foreseeable danger of death, such as arson, rape or burglary.

Felony Murder Is Not the Same as Homicide or Murder

A criminal defense attorney in Oakland County hired to defend someone against a felony murder charge will have a difficult task ahead of them. Unlike other homicide charges, felony murder does not require the prosecutor to prove that the defendant intended to kill the victim.

All that the prosecution must prove is that the accused intended to commit the underlying felony and the victim died as a result. This still must be shown beyond a reasonable doubt, but it is much easier to prove that someone intended to commit a felony instead of proving someone had the motive to commit murder.

An Example of Felony Murder

Imagine, for instance, three criminals decide to rob a house. The homeowner walks in on the burglars in the act, and one of them shoots the owner.

All three would be guilty of felony murder, even though only one perpetrator fired the shot. This is because the group intended to rob and each had a role in the robbery; therefore, the individual that died is the victim of the crime. Even if one perpetrator was acting as a lookout outside, they all could still be considered guilty of felony murder.

The individual that committed the act would most likely receive the harshest penalty, if convicted. The other two, however, would still receive whatever sentence the guidelines may require them to receive for felony murder.

The Broad Reach of Felony Murder

Felony murder can be very broad in definition and in reach. It can apply when a police officer or bystander causes a death when a person dies as an accomplice, or when the death occurs during a person’s escape (such as in a car accident). Because intent is not required to prove felony murder, a criminal defense attorney Oakland County will have to find unique defense strategies.

The crime that leads to the death of the victim must be independent of the death as well. If the offenses are not separate, then the crimes must merge so that the defendant is only convicted of the greater crime and sentence. A criminal defense attorney in Oakland County would need to review the facts of the case to see if a defendant’s crime is subject to merger or if it will remain independent.

Mergers are highly involved and the felony must be inextricable from the death of the victim. Therefore, most felony murder cases are not merged, because most deaths are not associated or intended as part of the original crime.