Can You Go to Jail for Accidentally Killing Someone? | Missouri Felony Murder Rule

In Missouri, if someone dies, even accidentally, during the commission of a felony, anyone involved in that felony can be charged with Murder in the Second Degree—even if they didn’t intend for the death to occur. This legal principle, known as the felony murder rule, can result in murder charges for deaths that would otherwise be considered accidental.

How Murder in the Second Degree Works Under Missouri Law

Under Missouri Revised Statute 565.021, a person commits Murder in the Second Degree in two ways:

1. By knowingly causing someone’s death or causing death while intending to cause serious physical injury or
2. When someone dies as a result of the defendant committing or attempting to commit any felony, including deaths that occur during the immediate flight from that felony

The second provision—the felony murder rule—means that prosecutors don’t need to prove the defendant intended to kill anyone. The intent to commit the underlying felony substitutes for the intent to cause death.

The Scope of Felony Murder Charges

The felony murder rule can apply in many situations:

• If a store clerk has a heart attack during a robbery
• If a bystander is shot during a drug transaction
• If someone overdoses during the commission of a drug trafficking offense
• If someone dies in a car crash while the defendant is fleeing from a felony

The death must be causally connected to the felony, but courts have interpreted this requirement broadly. Even if the death was completely accidental, the defendant can still face Murder in the Second Degree charges if it occurred during or in flight from a felony.

Serious Consequences of Murder in the Second Degree

Murder in the Second Degree under the felony murder rule is classified as a Class A Felony in Missouri. The potential consequences include:

• A prison sentence of 10 to 30 years or life imprisonment
• Additional punishment for the underlying felony
• No possibility of probation
• Lifelong consequences for employment and housing
• Loss of civil rights, including firearm rights

Murder 2nd Degree is also a “dangerous felony” under Missouri law, meaning that anyone convicted of the offense must serve at least 85% of their sentence before being eligible for parole. Given the potential consequences, it’s crucial to have experienced legal representation if you’re facing Murder in the Second Degree charges. At Rose Legal Services, we have helped many people who have been charged, arrested, or investigated for serious crimes in Missouri.

We dedicate our practice exclusively to criminal defense, which means we’re never distracted by other legal matters. Instead, we maintain complete focus on defending our clients against criminal charges and protecting their rights throughout the legal process.

Legal Defenses in Felony Murder Cases

Several legal defenses may be available in felony murder cases:

Challenging the Underlying Felony

If prosecutors cannot prove the underlying felony beyond a reasonable doubt, the felony murder charge cannot stand. Our attorneys examine every element of the underlying felony and challenge the prosecution’s evidence.

Disputing Causation

The death must be causally connected to the felony. If the connection is too remote or another intervening cause led to the death, this may provide a defense to felony murder charges.

Constitutional Challenges

We carefully examine whether law enforcement violated any constitutional rights during the investigation, such as:

• Fourth Amendment rights against unreasonable searches and seizures
• Fifth Amendment rights against self-incrimination
• Sixth Amendment rights to counsel

Factual Defenses

Sometimes, the best defense is showing that our client wasn’t involved in the underlying felony or wasn’t present when the death occurred. We conduct thorough investigations to establish alibis and identify alternative suspects when appropriate.

Exercising Your Right to Trial

Every defendant has the constitutional right to a fair trial by jury. At trial, we can challenge the prosecution’s evidence, cross-examine witnesses, and present our own evidence and witnesses to establish reasonable doubt. The burden of proof remains on the prosecution to prove guilt beyond a reasonable doubt, and if they fail to do so, you must be found not guilty.

Are You Facing Murder Charges? Our Criminal Defense Team Can Help

Felony murder cases are complex and require extensive legal knowledge to defend effectively. At Rose Legal Services, we dedicate our practice exclusively to criminal defense, allowing us to maintain a deep understanding of Missouri criminal law and procedure.

Our approach to these cases includes:

1. Conducting a detailed review of all evidence
2. Interviewing witnesses and gathering additional evidence
3. Consulting with expert witnesses when necessary
4. Examining police reports and procedures for violations
5. Breaking down every video recording – every dashcam, body-worn camera, and surveillance camera – second by second for any helpful evidence
6. Negotiating with prosecutors when appropriate
7. Preparing comprehensive trial strategies

We’ve helped many clients facing serious felony charges, including Murder in the Second Degree under the felony murder rule. We understand the stress and uncertainty that come with these charges, and we’re here to help guide you through the legal process.

Our team consists of attorneys, staff members, and an investigator. We each have specialized roles in the process, and we all work together and collaborate.

We pride ourselves on excellent client service and communication. In addition to meeting with your attorney, you’ll have a dedicated Client Care Specialist as your point of contact.

If you or a loved one is facing Murder in the Second Degree charges under Missouri’s felony murder rule, don’t wait to seek legal help. Contact Rose Legal Services today to schedule a confidential consultation. Let us show you how our experience and dedication can make a difference in your case.