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Orange County Felony Murder Lawyers

The Felony-Murder Rule

Understand that being charged under California's Felony-Murder Rule is the same as being charged with murder, which means if convicted your life can be changed forever by going to prison. For this reason, it is vital to contact the Orange County murder defense attorneys at Law Office of Michael L. Guisti at (714) 530-9690.

For over a decade, our legal defense team has proudly won several difficult murder cases for our clients. Our professional defense attorneys have successfully managed to keep our clients out of prison, reduce their sentences, and even have their charges dismissed—and we can work to do the same for you.

What is the Felony-Murder Rule?

The Felony-Murder Rule is when you kill somebody during a dangerous felony regardless of whether or not it wasn't a part of the original plan. There needs to be a logical connection between the death and underlying felony, but if the death was a coincidence, it may be difficult to prove you were responsible.

Even if you failed in committing the original felony, but you allegedly accidentally killed another person during the failed felony crime attempt, you can still be charged under the Felony-Murder Rule.

What felonies are covered under the Felony-Murder Rule?

The following felonies qualify for the Felony-Murder Rule:

  • Arson
  • Robbery
  • Burglary
  • Carjacking
  • Train Wrecking
  • Kidnapping
  • Mayhem
  • Torture
  • Rape
  • Unlawful Acts of Sodomy
  • Unlawful Acts of Oral Copulation
  • Forcible Acts of Penetration
  • Lewd Acts with a Minor

To charge you with the felony-murder rule, the DA must PROVE you committed or attempted to commit the original felony offense and must prove you committed or attempted to commit the original felony beyond a reasonable doubt. If they can't, you cannot be charged under the Felony-Murder Rule.

Second-Degree Felony-Murder

Even though there are limited felonies that qualify, it is important to understand that even if you did not allegedly commit any of the felonies listed above, you could still be charged with second-degree felony-murder. For this charge, there is no set list of felonies. Rather it is reviewed on a case-by-case basis.

Typically to be charged under the Second-Degree Felony-Rule, the felony must be "inherently dangerous," which means the felony crime cannot be committed without creating a substantial risk that someone will be killed. One example is in many drug cases where somebody overdoses and dies, the DA tries to bring the person who supplied the drugs up on Second-Degree Felony-Murder.

Call an Orange County felony-murder attorney now!

Murder defense cases are complex matters, which is why you need to call our OC violent crime defense lawyers who can begin to work out a successful, winning defense for you. One thing we can challenge is if the murder in question was really the result of your actions. Even if you did commit the felony, blaming the death on you is not as cut-and-dry as it may seem—which is why it is crucial to contact our criminal attorneys.

For more than a decade, Law Office of Michael L. Guisti has proudly won difficult murder cases for our clients, and we have fought hard to keep our clients out of prison. Don't waste time, call us now!

Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.

(714) 530-9690

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“It was strongly recommended that I call federal defense attorney Michael L. Guisti. He had several investigators look at records and such, and my federal case was dismissed. Michael Guisti does what few attorneys can do, beat the federal government, and that is why if you’re in trouble with the government you need to call Michael Guisti right away!”

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