Felony Murder

Felony murder is when a defendant causes the death of the victim as a result of the alleged act committed by the defendant while committing or attempting to commit or assist in committing an enumerated felony. An enumerated felony under Michigan law includes arson, burglary, kidnapping, rape, and robbery.

Penalty for felony murder is life in prison without eligibility for parole.

A classic example of felony murder was presented in a recent case at the Shiawassee Circuit Court. In that case, the defendant was accused of stealing a car. A car accident ensued and during the car accident, somebody died. It was clear that the defendant had no intention of killing anybody. However, the defendant was in the commission of a felony, the stealing of the car, when someone died as a result of the car accident. When a death occurs during the commission of a felony or an attempted felony that is felony murder and it will be charged the same way as first degree murder.

Yes, you can be convicted of felony murder while you were not the one who killed the victim because you would be considered a co-conspirator.