In Illinois, the felony murder rule applies to 14 specific "forcible felonies
" like murder, robbery, sexual assault, kidnapping and even burglary and treason, but also allows prosecutorial discretion to charge someone in cases involving "the use or threat of physical force or violence against any individual."
Taekwon Connor, 42, of Greensboro was charged with insurance fraud and obtaining property by false pretense, both felonies
, according to a March 8 statement from Causey.
, misdemeanor sentencing is not controlled by any statewide requirements, so it will be entirely up to each judge to decide what sentence he or she may think appropriate to impose, anywhere up to the statutory maximum.
(1) Specifically, legislatures have increasingly attached severe collateral consequences to misdemeanor offenses--consequences that formerly were triggered only by felonies
. (2) For example, misdemeanor convictions can now lead to a defendant being required to register as a sex offender, prohibited from owning or possessing a firearm, or deported.
Most states, almost since the emergence of the felony murder rule, have limited by statute what felonies
may serve as predicate--or underlying--felonies.
(38) In Alaska, misdemeanor assault, (39) theft, (40) vehicle theft, (41) and DUI (42) become felonies
after the second or third separate conviction in a five- to ten-year period, depending on the offense.
But a Chicago Reporter analysis of the Cook County State's Attorney's Office data shows that prostitution-related felonies
are being levied almost exclusively against sex workers.
(11) Moreover, all felonies
fit Washington's constitutional definition of an infamous crime because they are "punishable by...
Now, anyone who knowingly attends a dog-fighting event also is guilty of a Class 4 felony and subsequent offenses are Class 3 felonies
. Previously, a first offense of attending a dog fight--knowingly or unknowingly--was a misdemeanor.
As will be explained, under California law the homicide will constitute first degree murder if the felony underlying the homicide is among the felonies
enumerated in Section 189 of the Penal Code.
(36) The court refused to qualify Powell and Alsol's convictions as federal recidivist felonies
when state prosecutors elected to forgo recidivist enhancement.
(41) Many states limit the felonies
which trigger felony murder to those offenses which are dangerous to human life.
class, more blameworthy than felonies
that do not result in death.
Although there are many types of aggravated felonies
, one of the most common types arising in immigration cases during the past two decades has been a drug trafficking crime.
The first type concerns enabling statutes, where the state felony murder statute named specific inherently dangerous felonies
that could form the basis for felony murder.