Liability for Deaths During the Commission of a Felony

If you’ve stumbled across this topic, you’re likely dealing with a serious legal matter—or just trying to wrap your head around a law that many people find downright infuriating. The felony murder rule is one of the most controversial doctrines in criminal law. In short: it’s harsh, far-reaching, and in the eyes of some, completely unfair.

Most laws require clear intent to impose criminal liability. Not this one. The felony murder rule takes things to an entirely different level. If someone dies during the commission or attempted commission of certain felonies, everyone involved in that felony can be charged with murder—even if they didn’t cause or intend the death.

What Is the Felony Murder Rule?

The felony murder rule holds that if someone dies while a felony is being committed, everyone involved in the felony can face murder charges. That includes not just the person who caused the death, but anyone who participated in the crime—lookouts, drivers, planners, you name it.

Here’s what makes it so different from other murder laws:

Intent doesn’t matter. In most murder cases, prosecutors have to prove intent to kill. Under the felony murder rule, the intent to commit the felony is enough to hold you responsible for any resulting death.
Wide application. The rule applies to certain inherently dangerous felonies like robbery, burglary, kidnapping, arson, and rape. Each state has its own list, but the crimes are typically ones that carry a high risk of violence.
Strict liability. Even if the death was accidental or caused by someone else—like a police officer or a victim fighting back—you can still be charged.

The law assumes that by participating in a dangerous felony, you accepted the risks, including the possibility of a death occurring.

Texas has another legal twist that broadens the scope of felony murder liability: the “law of parties” found in Texas Penal Code § 7.02. This rule holds that if you intentionally aid, encourage, or assist someone in committing a felony, you can be held responsible for their actions—even if you didn’t directly cause the harm.

For example, you don’t need to pull the trigger or physically cause the death yourself. As long as you intentionally helped or encouraged the felony, and the lethal act was tied to that felony, you could still be charged. The law of parties makes it clear: you can’t hide behind the argument that someone else caused the death if you were involved in the felony that set it in motion.

Does It Matter Who Caused the Death?

It depends on where you are. States follow different rules about who can be held responsible under the felony murder doctrine.

Agency Theory: Some states only apply the felony murder rule if the death was caused by one of the felons. For example, if a police officer or victim kills someone during the felony, the rule might not apply.
Proximate Cause Theory: Other states take a broader approach. If the death was a foreseeable result of the felony, it doesn’t matter who caused it. You could still face murder charges even if a third party, like a police officer or bystander, caused the death.

What Should You Do If This Law Affects You?

Facing a felony murder charge is no joke. These cases are complex, and the consequences can be life-altering. Whether you’re directly involved or caught up in the aftermath, the stakes couldn’t be higher.

At Ryan Brown Attorney at Law, P.L.L.C., we believe the government shouldn’t get to take the easy way out. If you’re dealing with the felony murder rule, you need someone who’s ready to challenge the prosecution’s case and fight for your rights. Call us at (806) 372-5711 to protect your future.