QUESTION
Can the friend that survived (robbery suspect #2) be charged with his friend’s murder and if so what is that law called?
Asked on May 30th, 2013 on Criminal Law - South Carolina
More details to this question:
Two friends commit a robbery, a shoot out entails and the robbery victim ends up shooting one of the friends.
10 ANSWERS
John J. Carney
It is murder if intentional but not under the felony murder rule. It is manslaughter if he was negligent and shot him by mistake.
Answered on Jun 03rd, 2013 at 12:03 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes he can under the Felony Murder Rule.
Answered on Jun 03rd, 2013 at 12:02 PM
Michael J. Breczinski
This depends on the State but the answer is maybe since the crime lead to the death. This is called felony murder.
Answered on Jun 03rd, 2013 at 12:02 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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The answer yes, he can be. The doctrines that are involved are the felony-murder rule and the provocative act doctrine. It is a fairly complex, fact-specific area of homicide law.
Answered on Jun 02nd, 2013 at 11:56 PM
Geoffrey MacLaren Yaryan
It's called the felony murder rule. If in the commission of an inherently dangerous felony (robbery) someone is killed then you can be charged with murder even if it was an accomplice who was killed by the victim.
Answered on May 31st, 2013 at 4:45 PM
Any time a person dies during the conviction of a felony all the persons taking part of the felony can be charged with murder. This is true even if the victim or the police kill one of the persons committing the felony. This is felony murder and is a capital murder. If convicted the defendant is facing the death penalties or life in prison without the possibility of parole.
Answered on May 31st, 2013 at 11:41 AM
Yes. If a death results during the commission of a felony, any participant of the crime can be charged with homicide. This is known as a felony murder. In Oklahoma it would be charged as a felony murder in the first degree. If aggravating circumstances exist, and are proven at trial, the charge may include the death penalty as one of the sentencing options. The other two sentencing options are life imprisonment or life imprisonment without the possibility of parole.
Answered on May 31st, 2013 at 10:02 AM
James Edward Smith
This is called the felony murder rule. You are responsible for people getting inadvertently killed during a felony you are committing.
Answered on May 31st, 2013 at 10:01 AM
Criminal Defense Attorney serving Chicago, IL
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Law Office of Andrew Gable
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He could under the felony murder law.
Answered on May 31st, 2013 at 10:01 AM
Litigation Attorney serving Charleston, SC
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The Falk Law Firm, LLC
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Yes. If anyone dies during the course of a felony (the robbery), all individuals who were involved in the robbery can be charged with the murder, regardless of whether or not the deceased was a friend or died by accident.
Answered on May 31st, 2013 at 10:00 AM