Pls confirm?
Felony murder... if they can figure out who the accomplices were. They aren’t going to be volunteering.
That’s probably true. Most states have some kind of felony murder statute which allows for a murder charge if a death is caused in the commission of a felony, even if it was one of the criminals who dies.
Section 13A-6-2
Murder.
(a) A person commits the crime of murder if he or she does any of the following:
(1) With intent to cause the death of another person, he or she causes the death of that person or of another person.
(2) Under circumstances manifesting extreme indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first or second degree, escape in the first degree, kidnapping in the first degree, rape in the first degree, robbery in any degree, sodomy in the first degree, any other felony clearly dangerous to human life and, in the course of and in furtherance of the crime that he or she is committing or attempting to commit, or in immediate flight therefrom, he or she, or another participant if there be any, causes the death of any person.
(4) He or she commits the crime of arson and a qualified governmental or volunteer firefighter or other public safety officer dies while performing his or her duty resulting from the arson.
(b) A person does not commit murder under subdivisions (a)(1) or (a)(2) of this section if he or she was moved to act by a sudden heat of passion caused by provocation recognized by law, and before there had been a reasonable time for the passion to cool and for reason to reassert itself. The burden of injecting the issue of killing under legal provocation is on the defendant, but this does not shift the burden of proof. This subsection does not apply to a prosecution for, or preclude a conviction of, manslaughter or other crime.
(c) Murder is a Class A felony; provided, that the punishment for murder or any offense committed under aggravated circumstances, as provided by Article 2 of Chapter 5 of this title, is death or life imprisonment without parole, which punishment shall be determined and fixed as provided by Article 2 of Chapter 5 of this title or any amendments thereto.
(Acts 1977, No. 607, p. 812, §2005; Act 2006-427, p. 1057, §1.)
I am not aware of any state that does not have the felony-murder rule.
You’re committing a felony and someone gets killed - even your partner - you’re up for F-M. Feel free to inform me otherwise. ;-)
If Alabama has the felony murder rule, then yes.
Yes, it’s called ‘Capital Murder’ when a person is killed during the commission of a felony of which you were a participant, even if the deceased is one of the partners in the felony.............
They could be charged with what is known as felony-murder:
A person who:
(2) kills another human being while committing or attempting to commit arson, burglary, child molesting, consumer product tampering, criminal deviate conduct, kidnapping, rape, robbery, human trafficking, promotion of human trafficking, sexual trafficking of a minor, or carjacking;
commits murder, a felony.
CC
Perps just never seem to learn, not everyone is an easy victim
Pls confirm?
Felony murder, I think, in most states at least...