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Are There Potential Upcoming Changes To The Felony Murder Rule In California?

Quick answer

Oakland criminal defense attorney Andrew Dósa explains California's felony murder rule: when people jointly commit a crime and someone is killed, a participant such as a getaway driver—because they shared felonious intent—can be treated as culpable as the person who pulled the trigger. He argues that logic is skewed and hopes the law will change.

Excerpt summaries from the video and transcripts · how we make them

Law updateNOTE — current law: California's felony murder rule was narrowed by SB 1437, effective 2019. A non-killer can now be convicted of murder only if they were the actual killer, acted with intent to kill, or were a major participant who acted with reckless indifference to human life—so a getaway driver is no longer automatically as culpable as the shooter. Those convicted under the old rule may petition to vacate the conviction and be resentenced.

Answered by Andrew Dósa · Oakland, CA

Highlights

0:32

— how a getaway driver can face murder without pulling the trigger

1:35

— the building support to reform the felony-murder rule

Frequently Asked Questions

How can a getaway driver be guilty of murder?

Under California's felony murder rule, when people jointly commit a crime and someone is killed, a participant such as a getaway driver can be treated as culpable as the person who pulled the trigger, because they shared the felonious intent.

Is the felony-murder rule likely to change?

There is building support to reform it; the attorney argues the current logic is skewed and hopes the law will change.

→ Full interview on Attorneys.Media

Contact Andrew Dósa
Answered by

Andrew Dósa
The Law Offices of Andrew Dósa

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