Can someone be charged with murder if they were with the person who actually did the murder and what kind of punishment would that carry?

Question

This crime happened in Nevada. My brother was allegedly a part of a robbery where him and his friend were going to rob a drug dealer for his drugs. The robbery went bad and my brother's friend ended up shooting and killing the drug dealer.

Gregory Casale · Answer

First off I am a Massachusetts lawyer and can't not answer questions about crimes in another state. However, I can tell you that in any state it is not wise to put specific facts on the internet, in any form regarding an unsolved crime. I would also advise that you should not speak to anyone about the specific actions that took place unless you are sitting face to face with a lawyer who represents you.  Anyone can be charged with anything if there is sufficient probable cause. However, it then takes proof beyond a reasonable doubt to convict.

Kevin Bessant · Answer

Yes your brother could be charged with felony murder or conspiracy to  commit murder. Felony murder is where a murder occurs in the commission  of a felony, in this case a robbery (felony) that resulted in a murder. A conspiracy exists if it can be shown that your brother along with your  brother's friend had planned the killing prior to the actual murder.  Your brother does not have to be the actual shooter to be charged with  either of these crimes.

Michael J. Breczinski · Answer

There is something called felony murder where if a crime results in a murder the participants of the crime can be charged with murder also.

Dean Valente · Answer

Felony murder rule...committing a felony and anyone gets killed all involved in criminal enterprise subject murder charge...penalties vary by state, don't know max or min for Nevada

Austin Hirschhorn · Answer

Under Michigan Law the answer would be yes and the penalty would be the same for the accomplice as it would be for the perpetrator of the crime particularly if the accomplice was going to participate in the robbery.

Since I am not licensed to practice law I am not giving you an opinion as to what the charge might be in Nevada. In looking at the internet I have learned that Nevada has a felony murder law that applies to murders that happen when a robbery was the planned crime. It is possible that your brother could be charged with murder based upon his participation.  

I suggest that you consult with a Nevada criminal attorney who would be better able to answer your question.

James Osak · Answer

Yes. Brother could be charged with murder as an accessory to the actual murderer. Be careful who you commit crimes with as you can "go down" with your partner(s).

Mark Bruce · Answer

This message is for California cases only. Each state has its own laws and rules on criminal matters. In California, for instance, your brother would be liable under the "Felony Murder" rule, which states that if you participate in a dangerous felony and someone gets killed, you can be liable even if you're not the one doing the killing. But I don't know what Nevada would do.

Gregory Crain · Answer

Murder as if he pulled the trigger.

Steven D. Dunnings · Answer

You need to associate with different people.

Dennis P. Mikko · Answer

In Michigan, the person witht he murder could be charged as an accessory and could receive the same punishment as if he actually did the murder.

William Spern · Answer

Don't know Nevada law. But, generally a person who participates in a crime wherein a murder occurs, the person can be and usually is charged with felony-murder.

Timothy Klisz · Answer

Yes, here in Michigan he is guilty of murder like the shooter, but this  happened in Nevada.  You should post it there to get the proper advice.

Jeff Yeh · Answer

Yes, it's called the "felony murder" rule.

Larry Dunn · Answer

A person who is involved in a felony in which someone is murdered may be   charged as a principal, that is charged as though they had committed the  murder  under a theory called the felony murder rule.

Terry Nelson · Answer

Yes.  But why would you ask your question in CA when NV rules apply to NV crimes?    Generally conspirators and accomplices can get the same penalty as the rest of the participants in the crime.  If a death occurred in the crime, even unintended, it becomes  felony murder.

Thomas Edward Gates · Answer

Your brother will also be charged for the murder too.

Mechislav Furman · Answer

Your brother can be charged with felony murder. If you are committing a felony during which someone murders another person. Everybody who was involved in committing a felony can be charged with murder.

James Schoenberger · Answer

You need to re-ask this question in a Nevada forum. Washington lawyers will now necessarily know the ins and outs of Nevada law but in Washington, an accomplice is generally just as guilty of murder as the one who pulled the trigger.

Jared Winter · Answer

Even though a person isn't the actual triggerman, they can still be charged with murder under certain circumstances.  Nevada law likely has it's own variations of things like accomplice liability and the felony murder rule.  Both of these theories of liability could potentially result in murder charges, based on the facts you've stated.  Though this may go without saying, your brother needs an experienced criminal defense lawyer immediately.

Mark R. Thiessen · Answer

Yes.  Law of parties.  You are in conspiracy and responsible for the crimes of your fellow conspirators.  Depending on the murder could carry life, life without parole, or even a death sentence.  Use you right to remain silent and hire a better lawyer than your buddy.

Gary Moore · Answer

One can be charged with a crime under the accomplice theory. An accomplice who has knowledge of the crime about to be committed and aid and abets same is responsible for the natural consequences of same. Robbery frequently leads to murder.

Nathaniel Shafer · Answer

Yes, your brother can be charged with murder.

David Lee Smith · Answer

Your brother could be held equally responsible for the homicide because it took place during and for the robbery.

Jason Overton · Answer

Probably. Each state has its own criminal code, but, as far as I know, every state has a Felony Murder Rule. This basically says that if someone dies while you're involved in the commission of a crime where death can reasonably be anticipated, you can be charged with murder, even if you didn't plan on anyone dying. This should be no surprise, but armed robbery is one of those crimes in which death is not a very surprising result.

Dennis Roberts · Answer

Yes he can be charged with murder. In fact, if his partner was shot and killed by the drug dealer protecting himself, your brother could be charged with the murder of his partner. Makes no sense but most laws don't.

Joseph Dane · Answer

If Nevada's laws on co-participant liability are the same as ours in California, then yes, your brother could face murder charges based on a "felony murder" rule. That essentially states that if, during the commission of an inherently dangerous felony (robbery), a killing results, then the killing can be charged as murder under an implied malice theory

Jeffrey Pollock · Answer

Murder in the 2nd Degree aka Felony Murder is designed for the situation you describe.

Steven Decker · Answer

He is subject to a murder charge, although he would probably get a lesser sentence than the shooter, it will still be significant under the felony-murder rule. Otherwise described as "in for a penny, in for a pound."

Randall England · Answer

Yes, a person who is an accomplice in the commission of any felony can be charged with felony murder if someone is killed during the course of the felony. In Missouri, this is a class A felony with a maximum penalty of life in prison.

Steven Alpers · Answer

I don't know Nevada law but in California your brother can be charged with murder, but cannot be sentenced to death.

Michael Tumposky · Answer

Yes, under a theory of felony murder, if you participate in a serious felony and it results in death you can be charged and convicted of murder as if you yourself pulled the trigger.

John Patrick Yetter · Answer

Under accountability theory a person with someone charged with Murder can be found guilty of murder themselves, and the punishment can be the same (or in some cases less) than the murderer.

Mark Smith · Answer

Your brother has a real problem if he was present at the time of the robbery, that fact itself is not enough, but you indicate it was a robbery that went bad then your brother is in for a penny and in for a pound. In other words he can be charged with felony murder a robbery that occurred and someone was killed. Even if he was not present he could still be charged with conspiracy and aiding and abetting. So yes your brother can be charged with murder.

Steven Fairlie · Answer

I can't advise you on Nevada, but in Pennsylvania you can be charged with Murder if you assisted the person who killed the victim.  That charge carries a mandatory sentence of life in prison.

John Brennan · Answer

That, in Michigan, is a felony murder and your brother can be charged with that even though he did not actually undertake the homicidal act. The penalty will be in accord with Michigan is equivalent to 1st Degree and therefore up to life, Nevada law is probably the same it may have the death penalty. Your brother is in grave trouble and needs a very good attorney to have any hope at all.

Michael Palumbo · Answer

Yes, it's called felony murder

Clayton Lockhart · Answer

In most jurisdictions your brother would be charged as either a principal, since he was a participant in the robbery, or he can be charged as an accessory (or an accomplice). Either way, he would be facing the same penalties for the murder that the person who did the actual shooting since your brother was not an innocent bystander here.

Gary Russell · Answer

Nevada law would apply in this situation.  However, if it happened in Michigan, he could be charged with murder just as well, as an accomplice, even if he did not physically commit the offense.

James Edward Smith · Answer

Under the felony murder rule if a murder happens during the commission  of a felony anyone involved in the felony can also be charged with  first degree murder.

John Jordan · Answer

Generally under conspiracy law.  Any person who is part of a criminal act can be charged with all the criminal acts committed in pursuit of that criminal act.  Your brother needs to cut a deal as fast as possible.

Herschel Bullen · Answer

Basic principles from law school say that an accessory to a felony, where a murder is committed by another participant, can be charged with murder under what is know in common law as the "felony-murder" rule.  Whether that has been adopted, modified, or is otherwise applicable in Nevada is a good question for a lawyer licensed to practice in Nevada.  I am not licensed in Nevada.  So I would decline to respond any more specifically.

Stuart Nachbar · Answer

In NJ it would accessory, and possibly felony murder, as he was there and it   seems that he conspired to assist in the crime.

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Can someone be charged with murder if they were with the person who actually did the murder and what kind of punishment would that carry?

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