On Time Out
- Jun 21, 2016
- Reaction score
It's just a murder charge and "killing during the commission of a felony" is how they arrived at the murder charge. That is cited in your source.
I'm finally getting to the bottom of this after it was misreported. There is no separate charge for felony murder in IN. It's murder and then a charging document may explain in more detail which subsection, but it's murder nonetheless.
There didn't appear to be a discrepancy in penalties either based on the subsections and that's what's important to me.
But being clear on the verbiage only matters because some people were adding extra meaning to the felony murder, like that means they are waiting on other perps and nothing in that statute says that. IMO, kidnapping is most the likely avenue for using the "murder in commission of other crimes" subsection.
It makes the most sense. Imo
Right, but there is a stand alone murder charge available which they did not choose. Unless I'm reading it incorrectly (very possible lol), you cannot ask for the DP for a stand alone murder charge.
However, if you charge a murder with an aggravating factor, you can seek the DP.