FELONY MURDER

Felony murder is essentially the everyday name for a death that occurs during any of the situations listed in NRS 200.030(1)(b).

Committed in the perpetration or attempted perpetration of sexual assault, kidnapping, arson, robbery, burglary, invasion of the home, sexual abuse of a child, sexual molestation of a child under the age of 14 years, child abuse or abuse of an older person or vulnerable person pursuant to NRS 200.5009.

In other words, “Felony Murder” is really just a subset of Murder in the First Degree. The difference is that in the case of a Felony Murder, the murder may not have been an intended result. Most First Degree Murder charges involve the planning and execution of a murder. Felony Murder, though, involves a number of other dangerous crimes where a death unintentionally results.

For a full description of First Degree Murder, please click here.

What are the crimes that trigger Felony Murder?

There is a substantial list of crimes that trigger Felony Murder:

  • Sexual Assault: for a detailed explanation of the Nevada Crime of Sexual Assault, please click here;
  • Kidnapping: for a detailed explanation of the Nevada Crime of Kidnapping, please click here;
  • Arson: for a detailed explanation of the Nevada Crime of Arson, please click here;
  • Robbery: for a detailed explanation of the Nevada Crime of Robbery, please click here;
  • Burglary: for a detailed explanation of the Nevada Crime of Burglary, please click here;
  • Invasion of the Home: for a detailed explanation of the Nevada Crime of Invasion of the Home, please click here;
  • Sexual Abuse of a Child: for a detailed explanation of the Nevada Crime of Sexual Abuse of a Child, please click here;
  • Sexual Molestation of a Child: for a detailed explanation of the Nevada Crime of Sexual Molestation of a Child, please click here;
  • Child Abuse: for a detailed explanation of the Nevada Crime of Child Abuse, please click here;
  • Elder Abuse: for a detailed explanation of the Nevada Crime of Elder Abuse, please click here;

Please Note: It is not important that any of the above crimes are completed. Attempting any of these crimes also triggers the Felony Murder Rule.

How exactly does the Felony Murder Rule work?

The Felony Murder Rule is very simple, if someone commits one of the above listed crimes and during the commission of, someone not involved in the crime dies, then everyone involved in the crime can be charged with Felony Murder.

Why do these crimes trigger the Felony Murder Rule?

All of the above crimes trigger the Felony Murder Rule because, as should be somewhat obvious, all of the underlying crimes are considered dangerous and involve a disregard for human life. Most involve actual physical abuse that could very possibly lead to the victim’s death (Sexual Assault; Robbery; Sexual Assault of a Child; Sexual Molestation of a Child; Child Abuse; and Elder Abuse). The rest could very easily lead to someone’s death either by accident, or in order to escape capture or arrest (Arson; Burglary; Invasion of the Home; or Kidnapping).

The Nevada Legislature has consequently determined that anyone who would attempt one of the above listed crimes has shown such a wanton disregard for human life that they should be tried for a category A felony.

What penalties am I facing if I am charged under the Felony Murder Rule?

Felony Murder is a category A felony and carries with it:

  • Death; or
  • Life without the possibility of parole in a Nevada State Prison; or
  • A Life sentence in a Nevada State Prison with the possibility of parole after a minimum of 20 years has been served; or
  • A definite sentence of 50 years in a Nevada State Prison with the possibility of parole after a minimum of 20 years has been served.

What are the possible defenses to the Felony Murder Rule?

There are a few possible defenses to the Felony Murder Rule:

  • Self-Defense – As with any homicide charge, self-defense is a complete defense. That means that if you can show that you were facing imminent bodily harm, or the threat thereof, then the charges against you will be dropped. However, this only applies if your actions were reasonable, under the circumstances.
  • Unrelated Death – The Felony Murder Rule is triggered when someone dies as an actual consequence of the underlying crime. If the death involved did not flow from the underlying crime, then the Felony Murder Rule does not apply. This is a difficult defense to prove, as it relies on showing that the death had nothing to do with the underlying crime. For example, assume that there is a couple fighting inside a building and one of the two shoots the other, causing that person to die. If, at the same time that the fight was taking place, you were setting fire to the building, then the shooting death inside the building could not trigger the Felony Murder Rule because the death was completely unrelated to the underlying crime.
  • Procedural Errors – As with any crime, if your attorney can show that the investigating officers committed illegal procedural errors, such as an illegal search, or the contamination of evidence, then the tainted evidence will be suppressed, or thrown out. If there is not enough evidence to convict you after evidence has been suppressed, then the charges against you may be dropped or dismissed.

What should I do if I’ve been charged with a crime that includes the Felony Murder Rule?

As with any crime, it is very important that you speak with an experienced criminal defense attorney as soon as possible so that you can discuss the specific circumstances as well as any defenses that may apply to your case.

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