You Don’t Have to Pull the Trigger to Be Charged With Murder
In New York, you can face murder charges even if you never held a weapon. Under two key legal theories—accomplice liability and the felony murder rule—you can be charged for another person’s deadly actions if you helped plan, carry out, or were involved in the underlying crime. Prosecutors use these rules to hold everyone involved accountable, especially in group crimes where someone ends up dead. If you or someone you know is under investigation, it’s important to understand how these laws work—and how a defense lawyer can challenge them.
Accomplice Liability: Helping = Criminal Responsibility
What It Means: Under New York Penal Law § 20.00, if you help someone commit a crime, and someone dies, you can be charged with murder—even if you didn’t cause the death yourself.
Examples of “helping” include:
- Driving the getaway car
- Acting as a lookout
- Helping plan the crime (texts, maps, coordination)
- Hiding the weapon afterward (if pre-planned)
Key Legal Test: Was your help a direct cause of the death, and could a fatal outcome have been reasonably expected? Defense: Renunciation (PL § 40.10) You can avoid liability if you voluntarily and completely withdrew before the murder and took steps to stop it (like calling the police or warning the victim). Penalties: Murder in the second degree (including under accomplice theory) is a Class A-I felony—minimum 15 years to life, with possible sentences up to 25 years to life.
Felony Murder: A Death During a Felony = Murder Charge
What It Means: If someone dies during the commission of certain felonies, everyone involved in that felony can be charged with murder—even if the death was accidental or caused by someone else.
Covered Felonies:
- Robbery
- Burglary
- Kidnapping
- Arson
- Rape or other serious sex crimes
- Escape from custody
Why It’s So Harsh: Intent to kill doesn’t matter. If you were part of the felony and a death happened during it, you can face a murder charge.
Example: Three people rob a store. One accidentally knocks over a shelf; a clerk falls and dies. All three can face murder charges under the felony murder rule.
Possible Defense: You can fight a felony murder charge if you prove:
- You didn’t kill anyone
- You weren’t armed
- You didn’t know anyone else was armed
- You had no reason to expect deadly violence
Courts apply this defense strictly—you’ll need strong evidence.
Penalties: Also a Class A-I felony: 15 years to life, or more if other factors apply (like if the victim was a police officer).
Defense Strategies That Can Make the Difference
A skilled criminal defense lawyer can attack weak charges and raise key defenses, including:
- No Intent: Just being at the scene isn’t enough. If you didn’t know a crime would occur, that matters.
- Duress: If you were forced to participate under threat of serious harm, this could be a full defense.
- Withdrawal: Proving you pulled out of the plan and tried to stop it can help avoid charges.
- Forensic Evidence: Ballistics, DNA, and fingerprints can isolate who actually committed the act.
- Illegal Procedures: If police violated your rights (illegal search, flawed lineup, discovery violations), key evidence may be thrown out.
- Youthful Offender Treatment: If under 18, you may be eligible for a reduced sentence under certain circumstances.
Types of Murder Charges & What They Mean
| Charge | What It Involves | Sentence |
| Murder 1° | Intentional killing + special factor (e.g., police victim, multiple victims) | 20 years to life or life without parole |
| Murder 2° | Intentional homicide | 15 to 25 years to life |
| Felony Murder | Death during certain felonies (no intent required) | 15 to 25 years to life |
| Depraved Indifference Murder | Extreme recklessness showing disregard for human life | 15 to 25 years to life |
Facing a Murder Investigation? Here’s What You Should Know
Prosecutors Will Dig Deep:
- Phone records, GPS, social media, and texts will be reviewed
- Grand juries will be used to secure indictments
- You’ll likely be held without bail if charged
Your Lawyer Can:
- Present exculpatory evidence to the grand jury
- Challenge illegal searches or improper lineups
- Request dismissal if your role was too minor or speculative
- File motions to limit what the prosecution can use at trial
Key Takeaways
- You can face murder charges without pulling the trigger under accomplice and felony murder laws.
- Statutory defenses exist—but require solid proof and experienced counsel to succeed.
- Sentences are extremely severe: minimum 15 years to life.
- Early legal action is critical. The sooner you act, the more control you keep over your defense.
Contact Uriel Law Firm Today If You Are Facing Murder Charges in New York
Don’t wait. If you're being investigated or charged with murder—even if you didn’t directly cause harm—you need serious legal help. Contact us at Uriel Law Firm to schedule a free consultation as soon as possible. We’ll protect your rights, challenge weak evidence, and fight for your future every step of the way.
