Home » Criminal Defense » Homicide Crimes in Los Angeles » PENAL CODE 189 FELONY MURDER
California Penal Code 189 outlines the law regarding felony murder. In this legal doctrine, a person can be charged with murder if a death occurs during the commission or attempted commission of certain felonies. These felonies include serious crimes such as robbery, rape, arson, burglary, and kidnapping.
The unique aspect of felony murder under this law is that intent to kill is not required to be charged with murder. This means that even if the person committing the felony did not plan or intend to cause someone’s death, they can still face a murder charge if a death occurs during the crime. Penal Code 189 ensures individuals engaging in inherently dangerous felonies are held accountable for the full consequences of their actions, including unintended fatalities.
To secure a conviction for felony murder under California Penal Code 189, the prosecution must prove:
Felony murder is classified as first-degree murder in California and carries severe penalties, including:
California’s felony murder law calls for heightened sentences depending on circumstances. Various factors — including the defendant’s criminal history, the nature of the felony, and whether a gun was used — can all play a role in what kind of sentence a judge might hand down. If aggravated, your conviction can carry extra penalties beyond the minimum, so you need to make sure you address these issues during your defense.
Certain factors can elevate the seriousness of a felony murder charge, leading to enhanced penalties. These include:
One of the strongest defenses in a felony murder charge is lack of intent to commit murder. Since felony murder does not depend on intent to kill, disproof of the intent to commit the underlying felony can weaken the prosecution’s case.
Sometimes, a convict may not even have known he was committing or being part of a felony act. For instance, the presence may not necessarily classify one as a participant. Good lawyers can establish that you have not participated if you were neither aware of their act nor engaged in the whole process.
In the case where killing was in self-defense or for the defense of others, it can be used as a defense against felony murder charges. According to California law, one can protect himself or others from harm that is about to occur. If it is proven that the acts were justifiable, charges may be reduced or dismissed.
The first and most important step is to hire a seasoned Los Angeles criminal defense lawyer. An attorney experienced in felony murder cases can:
Collecting evidence and witness statements is vital for building a strong defense. This may include:
Never talk to a police officer unless your attorney is there. An innocent statement, which might otherwise seem harmless, can be twisted against you in a court of law. Your lawyer will advise on how to answer the questions while avoiding infringing any rights.
At DCD LAW, we have vast experience in defending clients charged under California Penal Code 189. We understand the intricacies of felony murder cases and the nuances of California’s laws. Our team knows how to evaluate the prosecution’s evidence, identify weaknesses in their arguments, and build a compelling defense on your behalf.
Whether it is contesting the underlying felony, proving a lack of intent, or showing evidence of your non-involvement, we build a defense to secure the best possible outcome.
Our commitment goes far beyond legal expertise. We fight tenaciously for your rights, freedom, and reputation at DCD LAW. Be it negotiation, plea agreement, or trial, we are determined to get a favorable resolution in your case.
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Murder usually involves an intent to kill, but felony murder does not. According to California Penal Code 189, felony murder occurs if a death is caused by the commission of certain felonies, whether or not such killing was done with premeditation. In felony murder, the prosecution is required to show involvement in the felony and death but not that there was intent to commit murder.
The answer is yes, felony murder charges can diminish to lesser charges based upon lack of involvement, intent, or mitigating circumstance. With an experienced Los Angeles criminal defense lawyer fighting for you, the chances of obtaining a plea or dismissal of charges either by way of discussion or a pretrial motion significantly rise.
Whether you can avoid a life sentence depends on the specifics of your case. Things like how involved you were, whether there were aggravating circumstances, and how strong was your defense, matter a lot.