Legal Definitions - felony murder

Felonymurder is a legal doctrine that allows a person to be charged with murder if someone dies during the commission of certain dangerous felonies, even if the person did not intend to kill anyone. The key principle is that the intent to commit the underlying felony (such as robbery, arson, or burglary) is considered sufficient to establish the malice required for a murder charge, should a death occur as a direct result of that felony or during immediate flight from it.

Here are some examples to illustrate this concept:

• Example 1: A group of individuals plans and executes a bank robbery. During the robbery, one of the tellers suffers a heart attack due to the stress and dies. Even though the robbers did not intend to harm the teller and certainly did not intend for them to die, they could all be charged with felony murder because a death occurred during the commission of a dangerous felony (robbery) that they were actively involved in.

• Example 2: An individual sets fire to an abandoned building as an act of vandalism, unaware that a homeless person was sleeping inside. The homeless person tragically perishes in the fire. Although the arsonist's primary intent was to destroy property, not to kill, the death occurred as a direct consequence of an inherently dangerous felony (arson). Therefore, the individual could face charges of felony murder.

• Example 3: Two accomplices break into a home to steal valuables. While inside, the homeowner unexpectedly returns and confronts them. In the ensuing struggle, one of the accomplices shoves the homeowner, who falls, hits their head, and dies. Even if the shove was not intended to be fatal, both individuals involved in the burglary could be charged with felony murder because a death occurred during the commission of the felony (burglary) and was a direct result of their actions within that context.