{"id":352068,"date":"2023-07-05T11:01:51","date_gmt":"2023-07-05T16:01:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/felony-murder.html"},"modified":"2023-07-05T11:01:51","modified_gmt":"2023-07-05T16:01:51","slug":"felony-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/felony-murder.html","title":{"rendered":"Felony Murder"},"content":{"rendered":"\n
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Felony Murder: Overview and Examples of Criminal Situations<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Felony crimes can create dangerous conditions. If you aid or commit a felony and someone dies in the process, you may face felony murder charges. The penalties for felony murder are significant and could include the death penalty.<\/p>\n\n <\/div>\n\n

Murder<\/a> is often defined as the crime of intentionally killing another person with no legal justification. At common law<\/a>, "felony murder" or the "felony murder rule"<\/a> describes when, during the commission of a felony<\/a>, another person is killed or dies. <\/p>\n

The felony offender may be charged with murder due to the death. The specific intent to kill the other person need not be present. The intent to commit the felony at issue is sufficient.<\/p>\n

Yet, the term "felony murder" isn’t directly used in most criminal laws. States generally incorporate terms consistent with the felony murder rule into the elements of the crime of murder in state criminal statutes.<\/p>\n

Any type of criminal case involving a death needs urgent legal support. A criminal law attorney<\/a> can also provide defense against charges for the underlying felony crime in question. Get legal advice for these complex situations. <\/p>\n

Origins of Felony Murder Laws<\/h2>\n

The felony murder rule originated in England in 1716 but was abolished there in 1957. The United States continues to use the concept in many states today.<\/p>\n

It’s a simple concept, but the details of when felony murder applies can be complicated. It is applied to relevant cases in the U.S. But it may put people in prison for murders they did not directly commit.<\/p>\n

There are some calls for reform throughout the states. One reform organization is the Felony Murder Law Reform<\/a> (FMLR) in Minnesota. As a result, the felony murder rule may not look the same in each state.<\/p>\n

In certain states, a felony murder conviction can expose the offender to the death penalty. Criminal justice experts and advocates have called upon courts and legislators to require a uniform standard of intent<\/a> as a prerequisite to capital punishment in these cases.<\/p>\n

Felony Murder Doctrine: Who Can Be Charged?<\/h2>\n

Under the felony murder rule, a defendant can face criminal charges of first-degree murder<\/a> or second-degree murder<\/a> without a specific intent to kill. You can learn the difference between first, second, and third degree murder<\/a>, and read about other common topics in FindLaw’s Criminal Law section<\/a>. <\/p>\n

The crime only needs a few qualifications for the law to apply. The offense must include the following:<\/p>\n