Felony murder is one of the most misunderstood — and most severe — criminal charges in the United States. Many people assume that murder charges only apply to the person who intentionally kills someone. In reality, felony murder laws can expose people to life sentences or even the death penalty, even if they never pulled the trigger.
Below, we break down what felony murder is, how it works, and why it carries such high stakes.
What Is Felony Murder?
Every murder is a felony, but felony murder is a specific legal doctrine that applies when a death occurs during the commission of a separate felony crime.
In simple terms, if someone dies while a felony is being committed, anyone involved in that felony may be charged with murder — regardless of intent.
Common felonies that can trigger felony murder charges include:
- Armed robbery
- Burglary
- Kidnapping
- Arson
- Certain drug-related crimes
Felony murder carries the same potential penalties as first-degree murder in many states, including life in prison without parole and, in some jurisdictions, the death penalty.
How Felony Murder Works in Practice
A classic example involves a group committing an armed robbery. If a teller is shot and killed during the robbery, every participant — including the getaway driver — may be charged with felony murder.
The law assumes that when people knowingly engage in dangerous felony conduct, they accept responsibility for foreseeable outcomes, including death. Because of that, the intent normally required for first-degree murder is legally “imputed” to all involved.
Can You Be Charged Even If You Didn’t Kill Anyone?
Yes. One of the most controversial aspects of felony murder is that a person does not need to directly cause the death.
In some states, individuals can face felony murder charges if they:
- Acted as an accomplice
- Assisted before or during the crime
- Were present at the scene
- Played a supporting role
In a limited number of states, courts have even allowed felony murder charges for individuals whose involvement was indirect or removed from the immediate crime.
When the Victim Is a Co-Defendant
Felony murder can also apply when the person who dies is one of the people committing the felony.
For example, if a group breaks into a home and the homeowner legally shoots and kills one of the intruders, the surviving participants may still be charged with felony murder — even though the homeowner caused the death.
This outcome surprises many people, but under felony murder statutes, the death is still considered a consequence of the felony itself.
Felony Murder Laws Vary by State
Felony murder statutes differ significantly across states.
Some states apply the doctrine broadly, while others limit it to:
- The person who caused the death, or
- An accomplice acting alongside the killer
In Wyoming, for example, felony murder applies to individuals directly involved in committing the felony, including accomplices, even if they did not kill anyone themselves. The potential penalties can include life imprisonment and, in rare cases, the death penalty.
Because these laws vary widely, understanding how your state treats felony murder is critical.
Why Felony Murder Charges Are So Dangerous
Felony murder cases involve extremely high stakes. People can face:
- Life sentences
- Decades in prison
- Permanent felony records
- Capital punishment in death-penalty states
What makes felony murder especially dangerous is that people often do not realize they are exposing themselves to murder charges when agreeing to participate in what they believe is a “non-violent” felony.
You Need an Attorney Immediately
Felony murder charges can apply to people who never intended harm and never expected a death to occur. If you or someone you love is facing serious felony charges that resulted in a death, you need experienced legal representation immediately.
At Just Criminal Law, we understand how complex and unforgiving felony murder laws can be. We help clients navigate the most serious criminal allegations and fight for their rights at every stage.
You only get one shot at justice. Make yours count.