Guy gets caught while trying to stop drivers from talking on cellphones while driving

True.

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Seems likely!

We basically mean the same, but from a different perspective and with a different angle: According to Lewis, if I died from the heart attack, the poor thief of the packet of crisps could be charged with first degree murder:

"A death [mine] during the commission of a crime [stealing a packet of crisps] is first degree murder *regardless of the circumstances or cause of the death*."

Stealing a packet of crisps is not a felony; therefore, no felony murder.

The classic example of felony murder, is when the driver of a getaway car has been arrested after a failed robbery (bank, convenience store, etc) where there has been a homicide, and the homicide can be that of a victim, or a crime partner.

Lewis said "crime". Stealing a packet of crisps is a crime.

Of course I know that my comment is bollocks. It's just to demonstrate that Lewis' comment is badly worded.

Okay, so one time? In band camp? 290jkl was all, like:

Your inability to read for comprehension is noted, but it is not my problem. Felony Murder is First Degree Murder in many jurisdictions.

Okay, so one time? In band camp? 290jkl was all, like:

He proved you are a numpy moron who cannot understand the penal code. He eve cited a specific case in which someone is serving a life sentence without the possibility of parole (A "special circumstances" murder, which is First Degree murder Plus), because his partners in his felony were killed in self-defense. That completely blows up your "Felony Murder is not First Degree Murder" stupidity.

Most murder convictions under the Felony murder rule, are because of the related serious felony, first degree murder convictions. Of those, some are prosecuted as "Special Circumstances" cases due to type of felony and the level of involvement of the individual charged under the felony murder rule. A getaway driver usually has as much knowledge & involvement in the conspiring, and the commission of a felony as any of the other participants.

The only numpty here is the Holiday Inn Express "attorney"

"Misdemeanor murder" sounds funny. "Gee, terribly sorry, it just sort of came over me that I wanted to bash his head in so I did it. Not exactly an accident, but I really didn't plan it." "No problem, just a $100 fine, you can leave a check with the bailiff. Next case."

Terms are being mixed up a bit here. All murders are felonies whether they are first, or second degree, and in California with, or without

*Special circumstances*. The *Felony Murder Rule* comes into play when in the commission of a felony, or attempted felony such as a robbery, burglary, etc. a crime partner is killed any surviving crime partners can be charged with murder in the death of their crime partner under the *Felony Murder Rule*.

If a victim, or bystander is killed as a result of the felony, or attempted felony each of the crime partners can be charged with murder, or accessory to murder without addressing the *Felony Murder Rule*. How the cases are developed depends on the D.A. and any plea bargain deals which might or might not be on the table, and if the crime partners turn on each other.

Yes, of course. But if the crime is indeed theft of a packet of crisps rather than a diamond necklace, is it still felony murder?

I can see how and why plea bargaining is necessary and a good thing, but I have to wonder how many innocent people plead guilty just because the odds are against them.

Misdemeanor murders are a police term of art basically meaning that one extremely bad person offed another extremely bad person.

IIRC, no matter how you violate parole or parole, the only thing they can do in relation to that is revoke parole and make you serve the original term (which nicely takes care of any bail concerns). If they do get a second conviction, the fact that the crime occurred whilst on parole or probation can probably be used to increase the jail time for the second offense. Also, involuntary manslaughter can be, depending on the circumstances and state laws, a felony.

In California, commission of a crime (felony or misdemeanor) while on parole is a parole violation and the subject is usually returned to custody. We also have a "Three Strikes" Law to consider and that is a strong bargaining tool for many Assistant D.A.s. Add to that sentencing guidelines specified in the Penal Code when prior convictions can be considered. We also have a whole shopping list of sentencing enhancements for priors some of which, such as firearms & weapons enhancements are mandatory. Those alone can add years to the sentence.

In

California involuntary manslaughter is a felony. However, D.A. and Judge have a wide degree of discretion when it comes to sentencing and a lot of that will depend on recommendations in the probation report, that is where prior convictions play an important role. So a first offender, with no priors, and a good probation report might be faced with a suspended, or partially suspended sentence and a three to five year probation period. A returned to custody parole violator could be facing a max term , plus any sentencing enhancements for the priors, along with how the charges for the crime leading to the involuntary manslaughter are dealt with.

Wiki doesn?t agree.

...and "misdemeanor murder" does not exist in any state penal code. It is an invented and fictitious term, deliberately used to inject humor, or to denigrate more serious capital murder charges.

Gee Wiki doesn't know EVERYTHING. Who knew?