In Missouri, if someone dies during the commission of a crime, even if accidentally, anyone involved in that crime can be charged with second-degree murder – even if they did not intend the death. This legal principle, known as the Felony Murder Rule, can lead to murder charges in deaths that would otherwise be considered accidental.
How Second Degree Murder Works Under Missouri Law
According to Missouri Revised Statute 565.021, a person commits second-degree murder in two ways:
- By knowingly causing the death of a person or causing death with intent to cause grievous bodily harm, or
- When anyone dies as a result of the defendant’s commission or attempt to commit a crime, including deaths that occur during the immediate escape from that crime
The second provision – the felony murder rule – means prosecutors do not have to prove that the defendant intended to kill anyone. The intent to commit the underlying crime supersedes the intent to cause death.
The scope of the aggravated murder charge
The felony murder rule can apply in many situations:
- When a salesman suffers a heart attack during a robbery
- When a bystander is shot during a drug transaction
- When someone overdoses while committing a drug trafficking crime
- When someone dies in a car accident while the defendant is fleeing a crime
The death must be causally related to the crime, but courts have interpreted this requirement broadly. Even if the death was completely accidental, the defendant can still face a charge of second-degree murder if it occurred during or while fleeing a crime.
Serious consequences of second degree murder
Second-degree murder under the felony murder rule is classified as a Class A felony in Missouri. Possible consequences include:
- A prison sentence of 10 to 30 years or life imprisonment
- Additional punishment for the underlying crime
- No possibility of parole
- Lifelong consequences for employment and housing
- Loss of civil rights, including firearm rights
Second degree murder is also a “dangerous crime” Under Missouri law, this means anyone convicted of the crime must serve at least 85% of their sentence before being eligible for parole. Given the potential consequences, it is critical to have experienced legal representation if you are charged with second-degree murder. 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 and therefore never allow ourselves to be distracted by other legal matters. Instead, we focus entirely on defending our clients against criminal charges and protecting their rights throughout the legal process.
Legal defense in cases of serious murder
In aggravated murder cases, several legal defense options may be available:
Contesting the underlying crime
If prosecutors cannot prove the underlying crime beyond a reasonable doubt, the murder charge cannot stand. Our attorneys examine every aspect of the underlying crime and challenge the prosecution’s evidence.
Deny causality
The death must be causally related to the crime. If the connection is too remote or another cause led to the death, this may be a defense to the charge of aggravated murder.
Constitutional challenges
We carefully consider whether law enforcement violated 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 defense
Sometimes the best defense is to prove that our client was not involved in the underlying crime or was not present at the time of death. We conduct thorough investigations to establish alibis and, if necessary, identify alternative suspects.
Exercising your right to a 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. If you fail to do so, you must be found not guilty.
Are you facing murder charges? Our criminal defense team can help you
Felony murder cases are complex and require extensive legal knowledge for an effective defense. At Rose Legal Services, we dedicate our practice exclusively to criminal defense, which allows us to maintain a deep understanding of criminal law and criminal procedure in Missouri.
Our approach to these cases includes:
- Conduct a detailed review of all evidence
- Interviewing witnesses and collecting additional evidence
- If necessary, call in experts
- Investigating police reports and procedures for violations
- Dissect every video recording – every dash cam, every body-worn camera and every surveillance camera – second by second to uncover helpful evidence
- If necessary, negotiations with public prosecutors
- Development of comprehensive experimental strategies
We have helped many clients who have been accused of serious crimes, including second-degree murder under the felony murder rule. We understand the stress and uncertainty that comes with these charges and are here to guide you through the legal process.
Our team consists of lawyers, employees and an investigator. Each of us has specific roles in this process and we all work together and cooperate.
We pride ourselves on excellent customer service and communication. In addition to meeting with your lawyer, you will have a dedicated customer advisor available to contact you.
If you or a loved one is charged with second-degree murder under Missouri’s second-degree murder statute, you should not wait to seek legal help. Contact Rose Legal Services today to schedule a confidential consultation. Let us show you how our experience and commitment can make a difference in your case.
