Felony murder in broad terms
New York, like many states, allows a murder charge when a death is caused during certain serious felonies, including robbery, even without an intent to kill. Participants in the robbery can be charged even if another person caused the death. For participants who did not cause the death, New York law offers a narrow affirmative defense whose requirements are strict and turn on specific facts. Prosecutors may also charge intentional murder or manslaughter depending on the evidence, and the robbery itself is usually charged alongside. For the family of the person who died, the district attorney's office and its victim advocates are the contact point on the criminal case.
Evidence and statements
These cases often involve video, phone location data, forensic evidence, and statements from co-defendants or witnesses. Forensic and phone evidence can take time to analyze, and the defense may need its own review of it. Co-defendants may be offered cooperation agreements, which can shape what they say. Do not speak with police or others involved about the incident before consulting counsel, and do not discuss it on the phone from a jail facility, because those calls are usually recorded. Family members should also be careful about what they say to investigators and post on social media.
The first stage
Homicide cases in New York go to a grand jury, and decisions about testifying, surrender, and release arise quickly. Release is often contested, and the defense needs to start investigating early, including locating witnesses and preserving evidence before it is lost. If the person accused was young at the time, age can affect which court hears the case and how it proceeds. In a first meeting we look at the charges, the role alleged, and what the prosecution likely has.
