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In Indiana, a person can face a murder charge for a death that occurs during certain serious felonies, even if the person did not intend to kill anyone. This is the felony murder rule. It focuses on the listed felony, the defendant’s connection to it, and the circumstances of the death rather than solely on intent to kill.
At the Law Office of B.D. Williams, we defend people accused of homicide in Indianapolis and across Indiana. If you or a family member is being investigated or has been charged, call (317) 500-4857 to talk with our team.
Indiana’s murder statute, Indiana Code § 35-42-1-1, defines murder in several ways. One of them is killing another human being while committing or attempting to commit one of the felonies listed in the statute. This is commonly called the felony murder rule.
Under this theory, the prosecution does not have to prove that the person meant to kill anyone. It must prove the underlying felony and that the death occurred during the felony or attempted felony.
Indiana law lists several violent and sexual offenses that can lead to a murder charge if someone is killed during the crime or attempted crime. These include:
The statute also references criminal deviate conduct and carjacking, but identifies both as offenses that applied before their repeal. That means those prior offenses may still matter in cases involving conduct that occurred when the laws were in effect.
Indiana’s felony murder provision also applies to certain drug offenses. A death during the commission or attempted commission of the following can support a murder charge:
If prosecutors allege that a death happened during drug dealing or manufacturing, they may pursue murder based on the connection between the alleged drug offense and the death.
The felony murder rule does not apply to every death that occurs during a crime. The State must prove the elements of a listed felony and establish the required connection between that felony and the death. The defense may challenge whether the alleged felony occurred, whether it was ongoing at the time of the death, whether the defendant participated, and whether the facts support the prosecution’s theory.
Questions can arise when the person who dies is one of the participants in the alleged felony. For example, a homeowner may shoot one burglar during a home invasion, or a police officer may shoot someone during an armed robbery. Indiana courts have addressed these situations, but the result depends heavily on causation, foreseeability, and the specific facts.
In Layman v. State (2015), the Indiana Supreme Court reviewed felony murder convictions after a homeowner shot and killed one of the participants in an attempted burglary. The Court vacated the murder convictions, finding the evidence insufficient to support felony murder, while leaving earlier precedent involving killings by nonparticipants, including law enforcement, intact. Because these cases turn on close factual and legal questions, the timeline, conduct of everyone involved, and current case law must be reviewed together.
Murder is among the most serious charges under Indiana law, and felony murder is punished as murder. Under Indiana Code § 35-50-2-3, murder carries a sentence of 45 to 65 years, with an advisory sentence of 55 years. The State can also seek life imprisonment without parole in certain cases.
There is no single defense that applies to every felony murder case. The right approach depends on the evidence, and a case often involves more than one theory.
Because the charge depends on the underlying felony, undermining that felony can undermine the murder charge. The defense can challenge whether the alleged felony occurred, whether it was one of the listed offenses, and whether the defendant participated in it. If the State cannot prove the underlying felony or the defendant’s participation in it, the felony murder theory is significantly weakened.
A death has to be causally connected to the felony. The defense can examine how and when the person died, whether an intervening event broke the chain of causation, and whether the death was tied to the felony conduct. Medical and forensic evidence often matters here.
Many felony murder cases rely on witness identification, cooperating co-defendants, surveillance footage, phone records, and forensic analysis. Each of those can be tested. Witnesses can be mistaken or have reasons to shade their accounts, a co-defendant may be seeking a deal, and the way evidence was collected or handled can be challenged.
Indiana law may recognize abandonment or withdrawal in limited circumstances, but it generally must be voluntary, complete, and occur before the offense is carried out. Simply changing one’s mind after the alleged felony is underway does not automatically eliminate criminal responsibility.
Whether the defense is available at all is a legal question that depends on the facts and the current statute. The key issues remain the alleged felony, the defendant’s participation, and the connection between the felony and the death.
Brian D. Williams has dedicated his career to protecting people from being unfairly harmed by the criminal justice system. With over two decades of experience, he has taken on the toughest cases, including homicide and murder cases, and he has developed a practical understanding of how to test the State’s theory and put pressure on it.
When we evaluate a felony murder case, we look at the underlying felony, the person’s role, the cause of death, the identification and forensic evidence, and any statements made to police. We also look at whether other charges, including lesser homicide offenses, may be more appropriate.
If you’re being investigated, talk with a lawyer before you give a detailed statement to police. That isn’t about obstructing an investigation. It’s about making sure your rights are protected from the start.
Contact the Law Office of B.D. Williams at (317) 500-4857 now, before you say anything else to investigators, and let our experience start working for you.
Yes. Indiana’s felony murder rule does not require proof that the defendant intended to kill anyone. The State must still prove the underlying listed felony, the death, and the required connection between the felony and the death.
No. Only the specific felonies listed in Indiana Code § 35-42-1-1 can support a felony murder charge. Those include certain violent, sexual, trafficking, and drug offenses. An unlisted felony may lead to other criminal charges, but not a felony murder charge under this statute.
Yes. Indiana’s statute applies when a death occurs during the commission or attempted commission of a listed felony. That means an attempted robbery, burglary, kidnapping, or other listed offenses can potentially support a murder charge even if the underlying crime was not completed.
Felony murder is punished as murder. Under Indiana Code § 35-50-2-3, murder carries a sentence of 45 to 65 years, with an advisory sentence of 55 years. In qualifying cases, the State may also seek life without parole.
