California Felony Murder Rule – PC 189 & PC 190.2 

Overview 

California’s Felony Murder Rule allows prosecutors to charge someone with first-degree murder even if they didn’t intend to kill—as long as a death occurred during the commission of certain serious felonies. Under recent reforms, however, the rule has been narrowed significantly, and not everyone involved in the underlying felony can be charged with murder. 

Felony murder charges can carry 25-to-life or even life without parole, and are often used in robbery, burglary, and arson cases where someone dies—even accidentally. 

At Jones Trial Attorneys, we scrutinize every aspect of the underlying felony and challenge whether the felony murder rule actually applies. In many cases, we seek relief under SB 1437 or SB 775, which changed the law to prevent unfair murder convictions. 

Legal Definition 

Under Penal Code § 189, felony murder occurs when: 

“A killing takes place during the commission or attempted commission of certain enumerated felonies, and the defendant either (1) was the actual killer, (2) aided and abetted the killing with intent to kill, or (3) was a major participant in the felony and acted with reckless indifference to human life.” 

Eligible felonies include: 

• Robbery 

• Burglary 

• Arson 

• Kidnapping 

• Carjacking 

• Rape 

• Sexual assault-related crimes 

• Mayhem 

Under Penal Code § 190.2, special circumstances (such as gang activity or multiple victims) can trigger a sentence of life without parole or the death penalty. 

Key Reform: SB 1437 and SB 775 

In 2019, California enacted Senate Bill 1437, limiting the felony murder rule to defendants who: 

• Were the actual killer, 

• Aided and abetted with intent to kill, or 

• Were a major participant acting with reckless indifference to human life. 

SB 775 (2022) extended these reforms to attempted murder and voluntary manslaughter cases, offering a path to resentencing for those convicted under outdated theories. 

Penalties for Felony Murder 

Felony murder is always charged as first-degree murder: 

• 25 years to life in prison 

• Life without parole (LWOP) if special circumstances apply 

• May include strike enhancements, gang enhancements, and firearm enhancements 

• Mandatory state prison time—no probation 

If convicted under PC 190.2, parole eligibility may never be granted. 

Defenses to Felony Murder 

We have successfully defended felony murder cases using these strategies: 

• You were not a major participant in the felony 

• You did not act with reckless indifference to life 

• You did not intend to kill, and no one foresaw a death occurring 

• You withdrew from the felony before the death occurred 

• Another person caused the death, without your knowledge or involvement 

• SB 1437/SB 775 resentencing eligibility for older cases 

We also work with forensic pathologists, ballistics experts, and mitigation professionals to contest key facts and advocate for fair sentencing. 

Immigration and Collateral Consequences 

Felony murder is one of the most serious charges in California and results in: 

• Permanent removal and lifetime immigration bans for non-citizens 

• Loss of voting and firearm rights 

• Permanent strike under the Three Strikes Law 

• Ineligibility for record sealing or expungement 

Related Offenses 

• PC 187 – Murder

• PC 664/187 – Attempted Murder 

• PC 26100 – Drive-By Shooting (if death occurs) 

How Jones Trial Attorneys Can Help 

Felony murder cases demand experienced, trial-ready representation and a deep understanding of the evolving legal landscape. Whether you’re facing charges under the new law or seeking resentencing under SB 1437, we can help. 

💼 Free consultations 

⚖️ Proven results in homicide and serious felony cases 

📍 Based in San Diego, accepting cases statewide 

Charged with or Convicted Under the Felony Murder Rule? Call Now. 

Call (866) JTA-WINS or Schedule a Free Consultation using the form below.