Can I be Charged with First Degree Murder if the Murder Happens in the Commission of a Felony?

In Oklahoma, you can be charged with first-degree murder if it occurs during the commission of a felony crime. This charge, known as felony murder, holds individuals criminally responsible for a homicide even if they did not directly cause the death, as long as it occurred during the commission or attempted commission of certain felonies.

Understanding Felony Murder

Felony murder is a type of first-degree murder that does not require intent to kill. Instead, the law presumes intent from the commission of the underlying felony. The rationale is that engaging in inherently dangerous felonies demonstrates a reckless disregard for human life, making participants accountable for any resulting deaths.

To press charges under the felony murder rule, the prosecution must prove:

1. The defendant was committing or attempting to commit a specific felony.
2. A death occurred as a direct result of the felony or in its immediate aftermath.
3. The defendant was actively involved in the felony when the death occurred.

Felony murder charges often arise from felonies that are inherently dangerous, such as robbery, burglary, kidnapping, rape, or arson. Under Oklahoma law, the felony murder rule defines first-degree murder as including deaths caused during the commission of specific violent felonies.

Examples of Felony Murder

There are many different examples of felony murder, including:

1. Robbery Gone Wrong: During a bank robbery, an accomplice shoots a security guard. Even if you did not fire the weapon, you could face charges for felony murder because the death was during the robbery.
2. Burglary with Unexpected Death: While committing burglary, the homeowner suffers a fatal heart attack out of fear. The law may hold you liable for the death under the felony murder rule.
3. Carjacking Leading to Fatal Accident: During a carjacking, the victim tries to escape, crashes, and dies. The participants in the carjacking could face felony murder charges.

The punishments for felony murder charges are severe, with one possibility being life imprisonment without parole. Accomplices can also face charges for first-degree murder, even if they did not directly cause the death.

Tulsa Criminal Defense Attorneys

You can face charges for first-degree murder if a death occurs during the commission of a felony crime under the felony murder rule. This doctrine reflects the gravity of engaging in dangerous felonies and the severe consequences they can cause. If you or someone you know is facing such charges, it is crucial to consult an experienced criminal defense attorney immediately. Understanding the nuances of the felony murder rule and mounting an effective defense can significantly impact the outcome of your case. Contact Kania Law Office at (918) 743-2233 or online for guidance tailored to your situation.