What Happens If A Death Occurs During A Robbery Or Other Felony?

In criminal law, the occurrence of a death during the commission of a felony, such as robbery, can lead to serious legal consequences. The felony murder rule allows for a person to be charged with homicide even if they did not directly cause the victim's death, as long as the death occurred during the commission of a dangerous felony. This rule is designed to hold individuals accountable for any foreseeable outcomes of their criminal actions.

Steps to Take After Harm or Injury

Felony Murder Rule:

The felony murder rule holds that if a death occurs during the commission of a felony (such as robbery, burglary, arson, or kidnapping), the perpetrator(s) can be charged with murder, even if they didn’t directly cause the death. The key point is that the death happened as a result of the felony being committed.

Accomplice Liability:

If the death occurs and multiple individuals are involved in the felony, all participants—whether they were directly involved in the death or not—can be charged with homicide. For example, if one person commits a robbery and another person, either as an accomplice or a bystander, kills someone during the robbery, both can be charged with murder under the felony murder rule.

Proximate Cause:

The death must be a foreseeable result of the felony. If the death occurs as a natural consequence of the criminal act, then it can be legally linked to the felony. For example, if a suspect shoots and kills someone during a robbery, the death would be a foreseeable result of their actions, and the felony murder rule would apply.

Degrees of Murder:

The severity of the charge can depend on the jurisdiction. In many cases, felony murder is charged as first-degree murder, which often carries life sentences or the death penalty. However, depending on the circumstances, such as whether the death was an accident or whether the felony was particularly violent, the charge could be downgraded to second-degree murder or manslaughter.

Defenses and Legal Protections:

Defendants may attempt to argue that the death was not a foreseeable result of the felony, or that they were not involved in the killing. However, proving that the death was caused by someone else or was an unforeseeable accident can be challenging, especially with strong evidence connecting the felony to the fatality.

Legal Consequences for Co-Defendants:

Even if one participant in the crime did not directly cause the death, they can still be held responsible if they were part of the felony that led to the death. For instance, if two individuals plan a robbery and one of them shoots someone during the act, both can face homicide charges under the felony murder rule.

Example

Imagine two individuals, Person A and Person B, plan a bank robbery. During the robbery, Person A holds a gun to the teller, and Person B, who is also armed, shoots and kills a security guard. Under the felony murder rule, both Person A and Person B can be charged with murder, even though Person A did not directly kill the security guard. The death occurred during the commission of a felony (the robbery), and thus, both individuals are held responsible for the killing.