The Felony Murder Rule of California: 189 (PC)

15.07.2023 00:10

The post The Felony Murder Rule of California: 189 (PC) appeared first on Vista DUI Lawyer and Criminal Attorney Peter M. Liss.

California felony murder rule

Under California law, violent offenders can be charged with murder if they kill someone while committing a felony. This section of the law is known as the felony murder rule and is detailed under California Penal Code 189 (PC). At one point, even accidental deaths that occurred during the commission of a felony could result in charges, and individuals involved with the crime but had nothing to do with the murder, such as a getaway driver, could also be held responsible for the victim’s death. Fortunately, the passing of Senate Bill SB-1437 in 2019 changed the law so these individuals could no longer face murder charges. Here’s what you should know about the law’s current status and how the recent changes have made many people eligible for resentencing.

What are the Elements of 189 (PC)?

This law specifies when an offense will be considered a first- or second-degree murder and defines when a felony murder charge can be applied. It stipulates that a participant in a felony or attempted felony can only be charged with murder when one of the following is true:

They were the actual killer
They did not actually kill the victim but aided, abetted, advised, or otherwise worked with the killer during the murder and had the intent to kill
They were a major participant in the felony and acted with “reckless indifference to human life”
They knew or should have known that the victim was an on-duty peace officer

In other words, those involved in a felony that resulted in the loss of life can only be convicted if they killed the victim themselves, aided and abetted in the killing and intended to kill, or were a major participant in the underlying felony and acted with reckless indifference to human life.

Accomplices and those who accidentally killed someone during the commission of a felony can still be charged with voluntary or involuntary manslaughter.

Is Felony Murder a First-Degree Offense?

Like traditional murder, charges filed under the felony murder law can be filed as first- or second-degree offenses. The earlier section of 189 (PC) determines the severity of charges, stating that while most felony murder cases are filed as second-degree murder, some inherently dangerous felonies will be filed as first-degree murder. These felonies include:

Arson
Carjacking
Child Molestation
Drive-by Shootings
Forced Oral Copulation
Forced Sodomy
Forcible Penetration with a Foreign Object
Kidnapping
Mayhem
Rape
Robbery
Torture
Train Wrecking

This distinction is important, as first-degree murder is punishable by 25 years to life in prison, with or without the possibility of parole, and sometimes even the death penalty. On the other hand, second-degree murder is punishable with a sentence of anywhere between 15 years and life.

What is the New Felony Murder Rule, and How is it Different?

Prior to 2019, those who aided or abetted someone in a murder and those who accidentally took a life while committing another serious felony could be charged with murder. Even those involved in the felony who were unaware that someone was killed could still be charged with murder.

The law had a dramatic impact, as it allowed between 400 and 800 prisoners to apply for re-sentencing, many of whom have since been released. Perhaps the greatest impact was on the women’s prison population though, as a study taken just before the law passed found that 72% of women serving a life sentence in California did not actually commit the homicide themselves.

Unfortunately, re-sentencing under the law is not automatic and must be applied for. If you or a loved one was convicted of murder and you believe the new law may allow for re-sentencing, a criminal defense attorney can help you.

Examples of Felony Murder Under the Law

This law can be somewhat confusing, and there are some gray areas where a criminal defense attorney may need to debate the matter with the prosecutor or argue the issue in front of the police. Here are a few examples of crimes that may or may not fall under the felony murder law:

John robs a bank and shoots a guard in the leg on the way out, and the guard dies. Because he shot a weapon while committing a robbery, he could be charged with first-degree murder, even if he intentionally aimed for the guard’s leg because he acted with reckless indifference to human life.
Frank grabs an elderly woman’s diamond necklace, and she falls and cracks her head on the pavement and dies. Because he was not attempting to kill the woman or acting with reckless indifference to her life, Frank could not be charged with murder, however, he could be charged with involuntary manslaughter.
Linda ties someone’s hands so Ron can kill them. Because Linda intended to kill the victim, she can be charged with first-degree murder even though she didn’t kill the victim herself.
Don waits outside of someone’s home while Stanley steals their jewelry. Stanley finds and kills the homeowner inside, unbeknownst to Don. Because Don was not aware of the murder, he could be charged with the robbery but not the murder.

If you have any questions about California’s felony murder law or have been charged with murder or any other violent crime, please call defense lawyer Peter M. Liss. You can schedule a free initial consultation by calling (760) 643-4050.