Felony Murder Rule in Aliso Viejo
Under the normal rules of California Murder Law, a person is convicted of murder if they have an intent to kill or if they have a careless disregard for human life.
Specifically, if a person doesn’t have malice, then they cannot be charged with murder under normal California murder laws. Instead, they may be charged with involuntary manslaughter because they negligently or accidentally killed someone without malice.Why the felony murder rule?
However, through California Penal Code § 189, if a suspect or a fellow culprit murders a person while committing a predicate felony, then they can also be charged with a felony-murder even if the murder was unintentional, accidental or negligent.
Some of the predicate felonies that would lead to a felony-murder charge include; carjacking, arson, sex crimes, burglary, robbery, kidnapping, train wrecking and mayhem.
In the state of California and in the city of Aliso Viejo, Felony murder is set as an exception from normal rules for California Murder laws in order to prevent:
- The committing of felonies and to
- Prevent murder in the commission of a felony
Penalties for felony murder
Penalties for felony murder and non-felony murder are basically the same. As such, a suspect can be charged with first degree felony murder or second degree felony murder.
Penalties for a conviction of first or second degree felony murder ranges from:
- A California state prison term of between 15-years to life
- A life sentence without a possibility of parole or
- The death penalty
If you are charged with a felony murder charge, a strong legal defense from a team of accomplished criminal attorneys like the ones at the Johnson Criminal Law Group is critical if you are to expect the best possible results.
Contact Johnson Criminal Law Group for assistance with these types of cases today.