Among the range of criminal offenses, one that many people will not readily recognize is a charge of felony death. Essentially, this type of allegation has to do with the death of an individual as the result of actions the accused purportedly too while in the process of committing a felony. As with any type of serious offense, a criminal defense attorney will use every legal means to demonstrate that the client is not guilty and seek to have the charges dropped. Here are some of the ways that the process will proceed.
Is the Client Connected with the Felony?
Since a felony death involves the intentional or unintentional death of a person during the commission of a felony, it’s important to determine if the client has any involvement at all. What evidence can the prosecution present in terms of motive or opportunity? Are there any witnesses that can place the client at the scene of the crime at the time the event took place? When there is not solid evidence that the client is actually the one who committed the felony, that in turn throws some doubt on the possibility of having taken actions that led to the death.
Is the Death Really Linked to the Felony?
Another point that must be considered is whether the death is actually connected with the felony, or if it was an incident that would have occurred anyway. For example, if the crime was blackmail and the victim was shot and killed after the money was picked up, does that necessarily mean the blackmailer was involved in the commission of that second crime? When there is some evidence that other people had access to the victim and possessed some reasons for wanting the individual to die, it may be possible for the defense attorney to argue that a third party took advantage of what seemed like an excellent opportunity to do away with the individual and have the blame fall at the feet of someone else.
Don’t assume that a conviction of felony death is assured even if the individual did commit what appears to be a related felony. Seek help from Powers McCartan and begin preparing a defense today. Doing so ensures the rights of the client are protected throughout the investigation and any trial that ensues.