Virtual and Phone consultations available in all cases.

Schedule Your Consultation Now

Avvo Rating
Expertise
OCBA
State Bar of California
Featured in huffpost Live
Best Attorney
Top Rated Lawyer
Lawyers
Greater Irvine Chamber
Iranian American Chamber of Commerce
2022 Winner Woman-Owned Small Business Award
Winner 2022 Woman-Owned Small Business Award
The National Top 100 Trial Lawyers
America's Top 50 Lawyers 2023

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. It allows a killing that occurs in the course of a felony, regardless of whether it was accidental or otherwise, to be charged as first-degree murder. For example, if during a kidnapping, there were multiple people involved in the crime, such as the actual kidnapper and a getaway driver, and during the course of the kidnapping, the victim were to die, then it would fall onto the shoulders of not only the kidnapper, but also the getaway driver because of their participation in the death of the victim. Another example of the felony murder rule in action would be if two people were trying to rob someone’s house. In order to break into the owner’s residence, they threaten him with a gun. However, one of the offenders accidentally ends up shooting him. Although it was unintentional, and only one of them killed someone during the course of their felony, they could, once again, both be convicted of first-degree murder. They could both be convicted of first-degree murder. The felony murder rule defies the usual rules of homicide. While usually, the only circumstance that convicts them of murder is when they demonstrate the intent to kill with an indifference to human life, the offender, under the felony murder rule can be convicted regardless. It only has to be proven that they were a part of a felony where people were murdered.

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.

Client Reviews
★★★★★
The Johnson Law Group handled a very important and delicate matter with professionalism and a caring manner. Attorneys were knowledgeable, in communications, and provided a top notch service to my need. I highly recommend the Johnson Law Group for your important legal issues. Hardy Jr.
★★★★★
Lauren Johnson-Norris was amazing. She explained everything in ways that were easily understood, & answered all of my question. She was respectful, but also open & honest. She started work on my case the first day we met & got results quickly. She demonstrated passion, concern, and showed true feeling for my situation. My expectations were greatly exceeded. I would say she has an incredible attention for detail, & has a real dedication to her work. Lauren Johnson-Norris would be my first recommendation to any of my family or friends similarly in need of legal assistance. Heather
★★★★★
I researched a lot of attorneys and had met with two attorneys before speaking with Ms. Johnson-Norris and retaining her. I was facing serious charges that could not be on my record, due to my job and was really scared. I felt hopeless & thought my life was ruined...until I found Ms. Johnson-Norris… A criminal defense client (drug case)
★★★★★
She is on point. She knows her field well. I have to give credit where credit is due, you deserve it Lauren Johnson-Norris… Anonymous, Victim of Domestic Violence
★★★★★
Lauren Johnson-Norris was my saving grace. I naively thought you were innocent until proven guilty. However, I soon discovered that CPS and family court does not see things that way… Mrs. G, a CPS client