Felony Murder occurs when committing a felony, attempting to commit a felony, or while running away from just committing one, someone dies.
It’s worth noting that a felony murder charge will only result if the person who dies was not a participant in the felony, meaning the person who died was not a defendant or a co-defendant. Also, the person who causes the death must be a participant in the felony. As an example, if 3 people decide to break into a house to steal something, and one of those 3 kills someone who lives in the house, all 3 of the people who participated in this crime will get charged with Felony Murder. Even a getaway driver who never entered the house and never hurt anyone will still be charged with murder.
Not every felony counts as a basis for a Felony Murder charge. You can be charged with felony murder only if a death occurs during the commission of one of the following crimes:
- Burglary
- Robbery
- Arson
- Kidnapping
- Escape
- Rape
- Aggravated Sex Abuse