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COVID-19 and Looting

COVID-19 is a respiratory illness caused by a novel coronavirus. There is no vaccine and no current human immunity.

In addition to being a global pandemic that has infected and killed thousands of people worldwide, COVID-19 has brought severe economic hardship upon millions. Goods such as toilet paper and milk are increasingly difficult to come by. The temptation to resort to burglary or robbery to obtain these and other items has never been greater.

Herein, we discuss one of the common consequences of giving into this temptation – being charged with murder.

The Felony Murder Rule

Burglary and robbery are felonies that are considered inherently dangerous to human life. Accordingly, if the target of the crime or an innocent bystander dies while the crime is being perpetrated, then the perpetrator may be charged with murder even though he or she did not specifically intend to kill that person.

Say, for example, you and an associate rob a convenience store and get into a struggle with the store owner, as a result of which the store owner dies. In this circumstance, both you and your associate may be charged with murder.

Even though neither you nor your associate may have specifically intended to kill the store owner, intent to kill is “implied” from the commission of a crime that is inherently dangerous to human life.

The Provocative Act Murder Doctrine

The perpetrator of a burglary or robbery can be charged with murder even if the person who died is in cahoots with the perpetrator, or the act resulting in death was committed by the target of crime. This is because of the provocative act murder doctrine.

Under the provocative act murder doctrine, when the perpetrator of a burglary or robbery commits a “provocative act” and the intended victim responds with fatal force, then the perpetrator of the burglary or robbery may be charged with murder. Provocative acts are acts that go beyond what is necessary to accomplish the burglary or robbery and include, but are limited to, acts such as brandishing a weapon – in other words, acts whose natural and probable consequences are dangerous because of the high probability that they will provoke a deadly response.

Let’s go back to our hypothetical example, but this time the store owner fares better; fearing for his life because you or your associate were armed or you conveyed to him that you were, the store owner shoots and kills your associate. In this circumstance, even though it was technically the store owner who shot and killed your associate, you may be the person charged with murder.

Suffice it to say, even though times are tough because of the economic impact of COVID-19, neither burglary nor robbery are appropriate solutions. Even assuming you don’t get killed in the commission of these crimes, there is a very real possibility that you will still pay for them with your life.

Accusations of murder and other violent crimes carry stiff sentences – sometimes life in prison, sometimes death. Crimes such as burglary and robbery can result in exceptionally stiff sentences if there are priors.

If you or a loved one have been accused of a violent crime, contact one of our experienced attorneys right away. Our experienced attorneys have, for years, successfully defended clients accused of a violent crime.

Have you or a loved one been accused of burglary, robbery, murder, or another violent crime?

Accusations of murder and other violent crimes carry stiff sentences – sometimes life in prison, sometimes death. Crimes such as burglary and robbery can result in exceptionally stiff sentences if there are priors. If you or a loved one have been accused of a violent crime, contact one of our experienced attorneys right away. Our experienced attorneys have, for years, successfully defended clients accused of a violent crime.