Legal Question in Criminal Law in New York
Felony Murder Appeal
On what conditions could a person begin to appeal on the federal level a felony murder conviction? Is it possible to produce an appeal challenging the appropriateness of the charge ''felony murder'' itself based on the following info:
1) the convicted was under the age of 21
2) Had no prior felony convictions
3)While in the process of a robbery the victim pulled a weapon on the convicted, and a struggle led to the death of the victim.
Is there any merit to this?
Are there any attorneys who would specialize in this matter?
4 Answers from Attorneys
Re: Felony Murder Appeal
I handle criminal defense and I am a former federal and state prosecutor. I dont think age and no record negates a felony murder charge, which essentially results when someone is killed during a robbery or certain other felonies. I would be happy to discuss the case further so please feel free to contact me.
Re: Felony Murder Appeal
An appeal may be possible, but an attorney would have to review the transcripts and speak to the witnesses in order to determine if there are grounds to bring an appeal. Please feel free to contact my office if you would like to discuss this case further.
Re: Felony Murder Appeal
There are several levels of issues with this matter. I'll discuss as much as I can here for you.
Age/ Recod - these are absolutely inconsrquential when defending a case such as this, at this level. Overall the theory is that the charge is based upon the death of someone, not having a record shouldnt be taken as a benefit by the defendant.
Felony murder is charged when the Defendant is thought to have caused the death of someone through their actions, but indirectly, while committing another crime. In this case the commission of a robbery would be sufficient to bring int he possibility of the Felony Murder statute, if someone is killed during the commission of the crime.
Overall, this rule takes effect during the commission of the crime, as well as in the time directly after in escaping from the scene of the crime.
Furthermore, if there is a conviction there are very few ways to get an appeal on such a case... However, it is by no means impossible.
Overall, my advice would be to seek a defense attorney properly experienced in this area... someone who has handle major murder cases in the past, as well as has handled appeals... and more impirtantly if this is a FEderal case, someone who is experienced in the Federal Courts.
If you would like a free phone consultation please call our offices at either 212.709.8303 or 917.477.5224. I have personally handled murder cases, Federal cases, and appeals... and would be more than happy to answer any questions you may have.
Re: Felony Murder Appeal
An appeal must be filed within a certain time after the sentence. Usually 20 days. Under the age of 21 and no prior convictions are appropriate material for sentencing, if it goes that far. A federal murder conviction, could be challenged on how the incident occurred.
There are hundreds of challenges available, one must talk to the defendant and obtain the transcripts of the trial to get more details.
Contact this office immediately, every day is important and schedule an appointment, so that a notice of appeal can be filed, and the paperwork submitted to the courts to overturn the conviction and sentence.
This person could be facing a significant time in jail, if not life.
Related Questions & Answers
-
Found money is it against the law to keep money I find on the street Asked 4/11/08, 12:38 pm in United States New York Criminal Law
-
Want to know about the free lawyer apply processing from the court I went to the... Asked 4/11/08, 10:03 am in United States New York Criminal Law
-
Attempted rape my husband was accused of this felony. what to do? Asked 4/11/08, 12:48 am in United States New York Criminal Law
-
Summons for a Violation I was stopped on the street in New York City for having a... Asked 4/08/08, 10:23 am in United States New York Criminal Law