Here in California, there is a felony murder law that some defendants run afoul of when committing another crime that is not murder.
It can be confusing as to which other crimes trigger the felony murder statute. Learn more below.
What you should know
California Penal Code PEN § 187 deals with deaths that occur during the commission of other specified crimes. It allows first-degree murder charges to be pursued against the alleged killer and those who participated in or assisted with the crime being committed.
Below are the three elements that must be met in order to invoke California Penal Code PEN § 187:
- A defendant caused victim(s) to die
- They acted with malice
- There was no justification for killing the victim
Regarding malice, two separate types of malice affect the homicide charge. The first is expressed malice and indicates that the defendant intended to kill their victim. The second type is implied malice, in which defendants were aware that their actions could likely cause death or severe injury and acted regardless.
Which crimes are eligible for first-degree murder status?
California recognizes the following charges involving special circumstances to bring first-degree murder charges:
- Premeditated or willful murder
- Using a destructive device like poisons or explosives
- Ambushing victims
- Torture
- Felony murder
These crimes are the most serious of all, and the courts vigorously pursue prosecutions in these cases. All of the following crimes can apply under the rule of felony murder if someone dies during the commission of an initial felony act:
- Arson
- Burglary
- Carjacking
- Kidnapping
- Murders occurring when guns are discharged from automobiles
As you probably realize, allegations of felony murder are among the most severe charges defendants can face. Launching a staunch defense against the charges is imperative to be able to beat the allegations.