This question was posted in the "multiple assailants" thread by @fellmann but I think a separate thread would be appropriate for follow up.
What is the Felony Murder Rule?
Created by FindLaw's team of legal writers and editors | Last updated April 16, 2019
You won't find the term "felony murder" in most criminal statutes. The unnamed term is generally just one of the definitions under a first-degree murder statute. First-degree murder is called a felony murder when a human being is killed during the commission of a felony. It's a simple concept, but the details of when felony murder applies can be complicated. Below is a detailed examination of the application of the felony murder rule.
Felony Murder Doctrine: Who Can Be Charged?
It's possible to be charged with first-degree murder under the felony murder rule even if there's no intent to kill. All that's necessary is the participation in the commission of a felony, where a death occurs during that felony, even if the defendant wasn't the one who killed the victim. Typical situations include:
Link -> https://criminal.findlaw.com/criminal-charges/felony-murder.html
What is the Felony Murder Rule?
Created by FindLaw's team of legal writers and editors | Last updated April 16, 2019
You won't find the term "felony murder" in most criminal statutes. The unnamed term is generally just one of the definitions under a first-degree murder statute. First-degree murder is called a felony murder when a human being is killed during the commission of a felony. It's a simple concept, but the details of when felony murder applies can be complicated. Below is a detailed examination of the application of the felony murder rule.
Felony Murder Doctrine: Who Can Be Charged?
It's possible to be charged with first-degree murder under the felony murder rule even if there's no intent to kill. All that's necessary is the participation in the commission of a felony, where a death occurs during that felony, even if the defendant wasn't the one who killed the victim. Typical situations include:
- Solo Actor: The felony murder rule is applicable in situations where a person commits a felony alone. The common example is arson. The defendant sets fire to a building with no intention of harming anyone, yet an unintended person dies in the fire (which could include firefighters).
- Two or More Actors: Another common situation is an armed robbery where only one of the participants shoots the victim. In these cases, all of the participants in the robbery can be charged with felony murder, even though they didn't kill the victim nor were even present at the time the killing took place.
- Victim or Bystander Killing: It's also possible that felony murder applies in cases where none of the felony participants killed anyone, such as when the victim or a third-party bystander kills someone while trying to stop the robbery. Felony murder in these cases would apply if a victim, a third-party, or even one of the felony perpetrators gets killed by someone other than a felony participant.
Link -> https://criminal.findlaw.com/criminal-charges/felony-murder.html