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Here I will be going back to some of the blog ariticle on Homicide with an article on Felony Murder.  

As a former Army, and Army National Guard Military Policeman, Probation Officer, Deputy District Attorney and Crimina Defense Attorney with more than 14 years of experience trying several Homicide cases I have the know how to give you the best defense possible even in very complex cases such as Felony Murder.  

WHAT IS FELONY MURDER

When a person kills another person (regardless of the inent to kill ) in the commissiono an inherently dangerous felony he or she is guilty of first degree murder.  As long as the death was forseable. 

NO INTENT TO KILL NEEDED

The prosecution does not hav to prove intent to kill only intent to commit the underlying inherently dangerous felony. 

 

DEFENSES NOT AVAILABLE IN FELONY MURDER CASES

The defense of Self Defense in Felony Murder cases is usually not available which could have a huge impact for your case.  Getting a self defense instruction in a Homicide case is vital.  This is because for example if you are committing a Robbery and the person being robbed fights back and you kill them this is not self defense number 1 and number 2 self defense is  not applicable and you would not get the jury instruction for self defense because the prosecution because only has to prove the intent to commit the underlying crime.  Meaning he has to prove your intent to commit the Robbery and not the intent to kill and part of Robbery is resisting the attempt to stop you from committing the Robbery is the force element needed for Robbery.  

If you have any further questions you could give us a call at 559-441-1418.

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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