Can an accomplice be found guilty of murder if the assault results in the murder of another person?

California, United States of America


The following excerpt is from People v. Cruz, 260 Cal.Rptr.3d 166, 46 Cal.App.5th 740 (Cal. App. 2020):

only an intended assault, but a murder results, that person may be guilty of that murder, even if unintended, if it is a natural and probable consequence of the intended assault. " ( People v. Chiu (2014) 59 Cal.4th 155, 161, 172 Cal.Rptr.3d 438, 325 P.3d 972.) Under the natural and probable consequences theory, it is not necessary that the prosecution prove the accomplice intended to kill another. This is because the murder was not intended at all. ( Id. at p. 164, 172 Cal.Rptr.3d 438, 325 P.3d 972.) " Because the [murder] is unintended, the mens rea of the aider and abettor with respect to that offense is irrelevant and culpability is imposed simply because a reasonable person could have foreseen the commission of the [murder]. " ( Ibid. )

A separate theory to support a murder conviction is the felony-murder

[260 Cal.Rptr.3d 174]

rule. "The felony-murder rule makes a killing while committing certain felonies murder without the necessity of further examining the defendant's mental state." ( People v. Chun, supra , 45 Cal.4th at p. 1182, 91 Cal.Rptr.3d 106, 203 P.3d 425.) Under the felony-murder rule, " the requisite malice for a murder conviction " is imputed " to those who commit a homicide during the perpetration of a felony inherently dangerous to human life. " ( Id. at p. 1184, 91 Cal.Rptr.3d 106, 203 P.3d 425.) Both the actual killer and the accomplice can be convicted of murder under the felony-murder rule.

B. Senate Bill 1437

Other Questions


What is the test for an aider and abettor to be found guilty of a murder if the intended assault results in the murder of another person? (California, United States of America)
What is the evidence supporting a finding that a person who was found guilty of sexual assault by reason of abuse has been found guilty by a jury? (California, United States of America)
When a defendant enters a plea of not guilty by reason of insanity at trial for a first-degree murder, can he still be found guilty of first degree murder? (California, United States of America)
What is the effect of Section 969a of the California Criminal Code when a jury has found a defendant not guilty of a charge of assault but found him guilty of the same charge? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
Does Section 12022.7, subdivision (a) of the Penal Code apply to a conviction of murder where the jury found that in the commission of the murder, appellant physically inflicted great bodily injury on another person? (California, United States of America)
Does Section 451 or 452.5(2) of the California Controlled Substitute Act allow a person to be found guilty of the crime of furnishing a controlled substance to another person? (California, United States of America)
Does Section 12022.7 of the California Criminal Code apply to a person who personally inflicts great bodily injury on another person other than an accomplice? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of another person? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.