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Felony Murder Rule in Aliso Viejo Crime Lawyers

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Felony Murder Rule in Aliso Viejo

Summary: This page covers Why the Felony Murder Rule?, Penalties for Felony Murder.

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.

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Mr. R was charged with embezzling close to $100,000 as a utility salesperson using a scheme to steal customers’ identities. Client avoided any jail time and received probation.

Mr. P was charged with embezzling equipment from John Wayne Airport while working as a contractor. Our office negotiated a civil compromise, resulting in the dismissal of felony charges and sealing his arrest record.

Mr. W. was charged with eight counts, including domestic violence, child endangerment, and criminal threats. Our office negotiated an offer of one year in therapy and then a dismissal of all charges.

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I hired Lauren Johnson-Norris when social services showed up at my door asking questions after my husband and I got into an argument. I didn’t understand why they were there and everything was so overblown. They threatened to put my kids in foster care. Ms. Johnson-Norris created a plan to keep my family together, to keep us all safe and to help us get out of the system quickly. She was compassionate and as smart as can be. Her fees were reasonable, I could always get her on the phone and it was such a relief to know that she was on our side. If you or your family ever run into trouble with social services, I strongly recommend calling her. I am so thankful.

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Ms. Johnson-Norris represented my wife and me in a motion for relative placement of our grandchild. This was part of a nightmarish case involving the SSA, a corrupt and broken system rife with cronyism, ineptitude and conflicts of interest. Ms. Johnson-Norris was recommended to us as an expert in this area and we are so grateful to her for how she helped us. I’m experienced in dealing with attorneys in commercial and civil issues through my career, but dependency court is a bizarre world where normal rules and rights do not apply. In OC, it is a closed system filled with bias, and outsiders are at a disadvantage. Ms. Johnson-Norris is highly respected in this world and highly effective. She is always professional and an excellent communicator, never failing to return calls and emails promptly as we navigated this valley of terror. She was always prepared with thoughtful, intelligent, reasonable, and realistic counsel. She continues to guide, represent, and help us as things wrap up. I can’t recommend her highly enough. She is highly credible and experienced in this area of law, and there are not many who are. We are so glad she represented us. Her guidance and insight were invaluable to our family, and her teaming with the other counsel for our family was highly effective.

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Lauren Johnson-Norris is extremely knowledgeable in family court. She communicates with you as a client and is realistic in your options and outcomes. She helped us get our kids returned to us and sort through the maze of dependency court and social services.

Karen I., a Juvenile client

Ms. Johnson-Norris is an aggressive, professional and effective attorney. Thank you for your legal assistance. Her follow-through is to be commended, and she always returns phone calls and quickly replies to email. The outcome would not have been the same without Ms. Johnson-Norris as my attorney. I would highly recommend Ms. Johnson-Norris to friends and family in need of legal advice. Thank you!

M.B., a Family client

Ms. Johnson-Norris has been a ‘guardian angel’ in our case from the first second we spoke. She’s dedicated such intense time and detail into making sure everything is handled perfectly. Our case has not been finished (yet), and we’re just in the initial stages, but we are already extremely confident in her abilities. Our case is extremely sensitive in nature, but Ms. Johnson-Norris has shown compassion, composure, and extensive knowledge, which is always super comforting. I can say with certainty that Ms. Johnson-Norris will handle our legal needs from the beginning to the end. Also, Ms. Johnson-Norris is really easy to get ahold of. She returns phone calls and/or emails very quickly, which is also a very comforting factor, and something I wanted to point out about her.

Jill, a Juvenile client

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Criminal Defense FaQ

What immediate steps will you take to protect my rights?

We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

We begin by meticulously reviewing the allegations to determine if the conduct even constitutes a crime under the law. We then scrutinize the prosecution’s evidence against the highest standard — proof beyond a reasonable doubt. By analyzing the “who, what, when, where, and how,” we identify the natural questions a jury will have, allowing us to build an expert strategy that derails the prosecutor’s narrative.

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Yes, our firm offers comprehensive legal services in Orange County with a unique focus on “crossover” cases where criminal and juvenile law intersect. Johnson Criminal Law Group provides the specialized expertise necessary to navigate investigations that threaten parental rights and family stability.

When you partner with Johnson Criminal Law Group, you receive 24/7 responsiveness and a clear, strategic plan designed to resolve your legal emergency decisively. We balance aggressive defense strategies with genuine human connection, ensuring you are treated with the respect and transparency you deserve during a crisis

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