Felony Murder: Attempt
The “felony murder” rule is a hotly debated topic in the criminal law arena and is an argument that has proponents with strong convictions on both sides of the aisle. Simply put, states that follow the “felony murder” rule allow a defendant to be charged with first degree murder if he or she causes the death of another person while committing or attempting to commit certain types of felonies. In Tennessee, those felonies are: “any first degree murder, act of terrorism, arson, rape, robbery, burglary, theft, kidnapping, aggravated child abuse, aggravated child neglect, rape of a child, aggravated rape of a child or aircraft piracy,” and attempting to throw or place or throwing or placing a destructive bomb. It becomes clear, then, upon looking at the wording of the statute that the felony murder rule essentially works to enhance the felony classification of a murder committed during what would be labeled a “violent” felony.
One important point for defendants to remember about felony murder is that it makes no difference whether the underlying offense is actually successful. A person who causes the death of another while attempting an unsuccessful robbery can be found equally guilty for felony murder as another individual who causes the death of someone while completing a successful robbery. It is enough that the offense has been attempted by anyone involved in the commission of the offense, meaning individuals can be charged with felony murder even if their own actions did not directly kill someone.
There are also important exceptions to the felony murder rule such as an exception that allows a person to avoid a felony murder charge if the individual whose death is caused is actually one of the individuals who is attempting to commit the crime or in some circumstances if the death was caused by some other person or in some freakish way that relieves the defendant of responsibility. Tennesseans charged with felony murder should contact a skilled criminal defense attorney immediately for assistance in avoiding a lengthy period of incarceration.
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