We do not agree if the felony in question is the direct cause of death. The assault itself cannot be the felony that leads to felony murder as all murders are necessarily caused by assaults.
So you’re are saying assault can nor be the felony? So let’s say a person is shot in the head, then person “x” shoots you in the leg to stop you from running to get help. The second shooter isn’t guilty of ANYTHING. The autopsy will say the headshot was the cause of death
Well the 2nd shooter committed assault with a deadly weapon at a bare minimum. But based on the info you’ve given I don’t see any guilt for the 2nd shooter in the death of the person shot in the head. What did they do in relation to person x? Is this a robbery? Or am I just being randomly shot? Let’s say I died after being shot in the leg. The shooter could not be charged with felony murder. He could be charged with 1st degree, 2nd degree (felony murder falls under 2nd degree but if there is intent the felony murder rule doesn’t apply) or 3rd degree.
We do not agree if the felony in question is the direct cause of death. The assault itself cannot be the felony that leads to felony murder as all murders are necessarily caused by assaults.
So you’re are saying assault can nor be the felony? So let’s say a person is shot in the head, then person “x” shoots you in the leg to stop you from running to get help. The second shooter isn’t guilty of ANYTHING. The autopsy will say the headshot was the cause of death
Well the 2nd shooter committed assault with a deadly weapon at a bare minimum. But based on the info you’ve given I don’t see any guilt for the 2nd shooter in the death of the person shot in the head. What did they do in relation to person x? Is this a robbery? Or am I just being randomly shot? Let’s say I died after being shot in the leg. The shooter could not be charged with felony murder. He could be charged with 1st degree, 2nd degree (felony murder falls under 2nd degree but if there is intent the felony murder rule doesn’t apply) or 3rd degree.