Can I be charged with murder if my friend gets shot while we rob a house?

Question

If a friend and I rob a house and during the robbery the home owner shoots and kills my friend, can I be charged with murder?

Michael Chastaine · Answer

Yes.

Gary Moore · Answer

Yes.

John Ronald McCardle · Answer

Yes.

Ronnie Vargas · Answer

Yes.

Michael Garber · Answer

Yes.

Cynthia Henley · Answer

Yes you can.

Seth Schraier · Answer

Under the facts you listed, I would say that it would be doubtful for a Murder charge.  In New York State, Murder in the Second Degree is defined as:  Acting either alone or with one or more other persons, he commits or attempts to commitrobberyand, in the course of and in furtherance of such crime or of immediate flight therefrom, he, or another participant, if there be any, causes the death of a person other than one of the participants; except that in any prosecution under this subdivision, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant:  (a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and (b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and (c) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and (d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury  There are still a number of factors that could weigh in on whether a murder charge could be sustained, including: 1)  Were you armed with a deadly weapon during the robbery; 2)  Was your friend armed with a deadly weapon during the robbery and did you know or have reason to believe that they would be armed during the robbery; 3)  Were the actions taken in commission of the robbery exhibiting a "depraved indifference to human life?"  In other words, when you attempted the robbery, were the actions completely reckless and could have caused death or injury?  So, judging by the basic facts listed it does not appear that there would be grounds to charge murder, but, more details would be needed to definitively answer this question.

Michael J. Breczinski · Answer

In some states the anwer is yes because you were involved with something that could lead to violence and death. You need an attorney.

Samuel H. Harrison · Answer

Yes. It's called a felony murder (as opposed to malice murder). Same potential punishment.

Mark Broughton · Answer

Yes, you can be charged with murder. If this is the situation you need to contact a good criminal defense attorney right away - even if you have bot yet been charged! And by all means (if it's not too late already) do not make a statement to the police without your attorney present.

Craig Elhart · Answer

Probably not but you could still be charged with robbery.

Christopher McCann · Answer

Yes! It is called "accomplice liability", which means that accomplices are responsible for the death of ANY person during the commission of an inherently dangerous felony (such as robbery). "Any" death includes one's accomplices, and even if  the death was caused by the home owner. It just happened last week in Oklahoma and was all over the news.

Edward Blum · Answer

Yes.  Under the felony murder rule, any murder that occurs during the commission of a felony (robbery) can be charged as second degree murder.

Mark R. Thiessen · Answer

Yep.  It's a murder in commission of a felony and you as a conspirator are liable for the full range as well.

Michael Lynch · Answer

What you describe is the classic Felony Murder rule.  An individual who,  during the course of committing a felony, causes the death of another,  can be charged with murder.  This just came up in the state of OK.  A  mother, and recent widow, shot and killed a man, while that man and a  friend of his tried to break into her home to steal pain medication.   The other man was caught and charged with the murder of his  co-conspirator friend.  Breaking into a home to steal is a felony.  If  you and a friend agree to break into a home to steal, and while doing so  your friend is killed, you run the risk of being charged with a murder  charge.  While some states will not count a co-conspirator as "another"  most still do. I hope your question is purely hypothetical.

Jason Savela · Answer

Likely, that is felony murder in Colorado  if during an enumerated felony, anyone dies, felony murder - life in prison  this basic situation was discussed in the Lisl Auman case that was in the press over the last 10 years - in that case, an officer was killed by a co-d of a burg - Ms. Auman was in police custody trying to help police catch the co-d when co-d shot a cop (and then himself).

Jeffrey Pollock · Answer

Yes, it may well come under the heading of Felony Murder or Murder 2.

Stephen Richards · Answer

Yes, under the felony murder doctrine, you can be charged with murder.

Louis Leibowitz · Answer

Yes. It is called felony murder. That basically means that if a person who is involved in certain felonies, like robbery, and someone dies during the course of the felony, all the people involved may be guilty of murder. Even if they didn't pull the trigger. Even if they weren't in the room. Go get a lawyer.

David Ayer · Answer

In many, if not most, jurisdictions, yes. It is called "felony murder." If, during the commission of certain types of felony crimes, a person is killed, that death can be imputed to one or all of the participants in the crime. The intent of the law is to place additional penalties on persons engaging in violence during the commission of crimes. Robbery is an excellent example of a crime to which the felony murder rule can apply.

Steven D. Dunnings · Answer

No, but if you were carrying a weapon you could be charged with a felony firearm charge.

Jeff Yeh · Answer

Absolutely. It's called the felony murder rule.

Aaron Black · Answer

Yes, you can be charged with felony murder.

Stephen Freeborn · Answer

Absolutely.  It's called the felony murder rule.  If a person gets killed in the commission of crime, in which you are a knowing active participant, in this case, home invasion and robbery, and someone  is killed,(even the other criminal participant),  you can be charged just as if you were the one who pulled the trigger.

Joseph Dane · Answer

Yes, under the felony murder rule, any killing that occurs during the commission of an inherently dangerous felony will result in a murder charge.  Not every death during every felony will cause murder charges, but there are certain listed felonies (they're in Penal Code section 189) that carry a risk of death somehow, even by a victim acting out and killing a co-conspirator.

Eric Sterkenburg · Answer

If you and another rob a house anyone is killed during the crime all the persons committing the crime can and will be charged with murder. This is the felony murder rule. For this to apply the killing has to happen during a felony crime and the death has to be a result of the crime. If two people are going to rob a convenance store and one stays in the car and the other enters the store to comment the felony the person in the car is legally as guilty as the one in the store for any death during the felony. Such as one person enters the store with intent to rob it and the other remains in the car as getaway driver. During the attempted robbery the store clerk shoots the robber or a customer or himself and that person dies. Both the robber in the store and the one in the car can be charged with murder. Yes you can be charged with murder in the case you outlined.

Mark Bruce · Answer

Yes you can.  It's called the Felony murder rule.  Even if it's an accomplice who gets killed, you can be charged with murder because you were involved in the felony.  Get a lawyer ASAP.  Don't try to talk to the cops on your own.

Theresa Suzanne Hofmeister · Answer

Generally yes, it's called the Felony Murder Rule.

James Schoenberger · Answer

Yes. It's called felony murder. If someone is killed during a crime, even if its is one of the people committing the crime, others involved can be charged with the murder.

James Edward Smith · Answer

There is a rule called the felony murder rule which would allow you to be charged for his murder.  A homicide which occurs in the course of a felony, even of one of the felons, is attributable as murder to the other felons.

Todd Landgren · Answer

In California, yes. It's called the "felony murder rule". Similar to the case in the news where the woman shot the intruder, and the intruders partner was charged with his murder. I believe only seventeen states have this law. It is more often applied when an individual shoots and kills someone during a robbery, and the "non involved/non shooter" can be charged with murder.

John DeVito · Answer

Yes, you can be charged with murder if your friend (co-conspirator)dies during the course of a robbery. The rule is called the Felony-Murder rule.

Jason Overton · Answer

Yes.  It's called the Felony Murder Rule.  Basically, your friend wouldn't have been shot had the two of you not been trying to rob someone, so the State looks at it as your fault ( and your friend's) that your friend was killed.

Craig Orent · Answer

Yes. It's called "felony murder".

Daniel Guerrero · Answer

Yes, if there is causal connection between your friend's death and the burglary of an occupied dwelling.

Kevin Ellmann · Answer

Yes.  It is called Felony Murder and involves the death of another during the course or commission of a predicate felony offense (in this case robbery qualifies).  It does not matter if you are the shooter as long as a death of another occurs and you were involved in the predicate offense.  The Lisl Auman case in Colorado is a good example of the application of this criminal statute.

Timothy Klisz · Answer

Yes. Convicted may be another story. A jury would decide that.

Steven Raiser · Answer

Yes you can be under accomplice liability (acting together with someone else) and causing the death of someone other than a participant in the crime while committing a felony.

Eric Rothstein · Answer

Yes. You can be charged with felony murder.

Joseph Redding · Answer

Yes.  Its called Felony Murder.

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