Murder Charge in the Commission of a Felony – Kansas law KSA 21-3401

Kansas has instilled a law, KSA 21-3401, that is hopeful in preventing vicarious murders from people that are in the act of committing a felony. According to Kansas State Law:

• “Murder in the first degree is the killing of a human being committed . . . in the commission of, attempt to commit, or flight from an inherently dangerous felony as defined in K.S.A. 21-3436 and amendments thereto.”
• “The purpose of the felony-murder doctrine is to deter those engaged in felonies from killing negligently or accidentally, and it should not be extended beyond the rational function it was designed to serve.”
• “An additional purpose of the felony-murder doctrine is to relieve the State of the burden of proving premeditation when the victim’s death is caused by the killer while committing another felony.”

An Attorney is Necessary

Your attorney is going to evaluate the details of your case and make sure that you are given the chance at a fair trial. There is a chance that there may be a false accusation of the death that occurred during the act of the felony. The death could have been an accident, but under no circumstances are you to speak to the officers without the presence of your attorney.

Anything you say, even in truth and defense of yourself, can and will be used against you in the court of law. Your response to any questions should be a calm, “I want to speak to my attorney.” Even if there is misinformation and you feel you would be able to clear up any confusion by talking calmly and succinctly to the officers, they are going to do everything they can to form a case against you.

Kansas Statutes

The statute was created to be in favor of anyone accused of a felony murder. The presence of reasonable doubt in regards to this law will give favor to the one being charged. This is also true for other statutes and laws in the court system and why someone cannot be charged if there is any reasonable doubt.

Contact A Legal Representative

Choose to have an experienced attorney on your side while navigating the complexity of a murder charge in the commission of a felony. Contact Morrison Law Firm today online or by calling (913) 780-6666.