Can I be charged with murder if my friend gets shot while we rob a house? 61 Answers as of January 23, 2012

Under the facts you listed, I would say that it would be doubtful for a Murder charge. In New York State, Murder in the Second Degree is defined as: Acting either alone or with one or more other persons, he commits or attempts to commitrobberyand, in the course of and in furtherance of such crime or of immediate flight therefrom, he, or another participant, if there be any, causes the death of a person other than one of the participants; except that in any prosecution under this subdivision, in which the defendant was not the only participant in the underlying crime, it is an affirmative defense that the defendant: (a) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid the commission thereof; and (b) Was not armed with a deadly weapon, or any instrument, article or substance readily capable of causing death or serious physical injury and of a sort not ordinarily carried in public places by law-abiding persons; and (c) Had no reasonable ground to believe that any other participant was armed with such a weapon, instrument, article or substance; and (d) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury There are still a number of factors that could weigh in on whether a murder charge could be sustained, including: 1) Were you armed with a deadly weapon during the robbery; 2) Was your friend armed with a deadly weapon during the robbery and did you know or have reason to believe that they would be armed during the robbery; 3) Were the actions taken in commission of the robbery exhibiting a "depraved indifference to human life?" In other words, when you attempted the robbery, were the actions completely reckless and could have caused death or injury? So, judging by the basic facts listed it does not appear that there would be grounds to charge murder, but, more details would be needed to definitively answer this question.

I would need all the detailed facts but from your question generally that would be felony murder ( if someone is killed by anyone during the course of a felony all participants can be charged with felony murder) You should hire an attorney.

No, you could not be charged with murder. The murder was done by the home owner in defense of his property.

Yes, under the felony murder statute, a death occurring as a result of your participation in a felony, can result in your being charged with murder.

Possibly. Yes. The district attorney could argue that it was a homicide based on the felony murder rule.

In Minnesota you cannot be properly charged for murder for deaths caused by a non-accomplice.

In some states the anwer is yes because you were involved with something that could lead to violence and death. You need an attorney.

Yes. It's called a felony murder (as opposed to malice murder). Same potential punishment.

Yes, you can be charged with murder. If this is the situation you need to contact a good criminal defense attorney right away - even if you have bot yet been charged! And by all means (if it's not too late already) do not make a statement to the police without your attorney present.

Probably not but you could still be charged with robbery.