Will California Change the Felony Murder Rule? (PC 189)
Degrees of Murder: What’s the Difference?
Degrees of Murder: What’s the Difference? Murder is one of the most severe crimes in California, and the penalties for conviction often involve a lifetime in jail. However, the different degrees of murder can be confusing and complex, as your charges will often depend on the specific circumstances of your case and your intentions. Below, our attorneys explain the differences between the different degrees of murder. First-Degree Murder First-degree murder…
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SB 300: Possible Changes to California’s Felony Murder Law
SB 300: Possible Changes to California’s Felony Murder Law California’s Felony Murder Law The felony murder rule has been around for a long time. It provides that a person can be convicted of murder if a victim dies during the commission of a felony, even if the defendant didn’t intend to or have knowledge that he had killed someone. As long as you committed or aided in an inherently dangerous…
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If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437
If you were convicted under the Provocative Act Murder Rule you may not get relief under SB1437 On November 19, 2020, the California Court of Appeals affirmed (i.e. upheld) a prisoner’s murder conviction. The appellant in this case, prisoner Derrick Swanson, was involved in a robbery of a gas station in Long Beach, California in the 1990’s. After robbing the gas station attendant and firing a shot at the attendant…
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Can someone be charged with First Degree murder if they never actually killed anyone?
Can someone be charged with First Degree murder if they never actually killed anyone? Did you know that you can be convicted of murder even if you never killed anyone?. The case of In In re McDowell indicates that in fact you can be charged and convicted of murder in certain situations. In the case of Donald William McDowell, Mr. McDowell and his accomplice broke into the home of a…
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3 Ways Murder Becomes a Federal Crime
3 Ways Murder Becomes a Federal Crime Murder is a crime specified under Federal statute, at 18 U.S.C. § 1111, as well as the California Penal Code, 187(a) PC. Typically, murders committed in California are prosecuted by the state, but there are three categories of notable exceptions. A murder may be prosecuted as a Federal crime if: The murder falls under the crimes enumerated under 18 U.S.C. Chapter 51 Homicide…
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Will California Change the Felony Murder Rule? (PC 189)
Will California Change the Felony Murder Rule? (PC 189) Under California Penal Code Section 189, you could be convicted of murder for any killing that occurs while you are committing any dangerous felony, such as kidnapping, arson or carjacking. This is called the “felony murder rule,” and it makes all persons involved in the commission of the crime culpable for a killing during the commission of a dangerous felony, regardless…
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