Attorney Who Defends Felony Murder Cases in Los Angeles

Robert M. Helfend is a criminal defense attorney in Los Angeles with more than forty years of homicide trial experience, including felony murder cases. Since 1984, he has handled over 4,000 criminal cases and nearly one hundred jury trials, with a large share involving murder, manslaughter, and related homicide charges.

He is repeatedly recognized by national organizations for his work in serious criminal defense, including listings in Super Lawyers and National Trial Lawyers Top 100, and he is Lead Counsel Rated in criminal law. His practice focuses on high-stakes cases like felony murder where clients face life sentences and need careful, experienced representation.

What felony murder means in California

In California, “felony murder” is not a separate crime so much as a way the prosecution can charge murder when a death happens during certain felonies.

Under California’s felony murder rule:

• A person can be charged with murder if a death occurs during the commission or attempted commission of certain qualifying felonies (such as robbery, burglary, kidnapping, carjacking, rape, arson, and other serious offenses).
• Everyone who participates in that felony can potentially be held responsible for the death, even if they did not personally carry out the killing.

Recent changes in the law have narrowed when felony murder applies. After Senate Bill 1437, the prosecution generally must show that the accused:

• Was the actual killer, or
• Aided and abetted a killing with intent to kill, or
• Was a major participant in the underlying felony and acted with reckless indifference to human life, or
• Was a participant in the felony when an on-duty peace officer was killed in the course of that felony.

In other words, simply being present at a felony where someone dies is no longer enough. The state must link the person to the death in a legally meaningful way.

Penalties:

Felony murder is punished the same as murder:

• First-degree felony murder can mean 25 years to life, life without parole, or, in older cases, a death-penalty sentence (currently subject to a statewide moratorium).
• Second-degree felony murder carries 15 years to life.

Because of these stakes, felony murder allegations are treated like full homicide cases at the Helfend Law Group, not as just another enhancement on a felony.

Strategy and approach in felony murder cases

Felony murder cases are complex because they combine:

• The underlying felony (robbery, burglary, carjacking, etc.)
• The death itself (how and why it occurred)
• Modern felony murder doctrines after SB 1437

Helfend’s approach is methodical and evidence-driven:

1. Immediate focus on the underlying felony
Felony murder charges often rise or fall on whether the prosecution can prove a qualifying felony at all. He examines:

• Whether the supposed felony was actually committed or only attempted
• Whether the elements of that felony can be proved beyond a reasonable doubt
• Whether key evidence was obtained illegally (searches, seizures, statements)

If the state cannot establish the underlying felony, it cannot sustain felony murder.

2. Major participant and reckless-indifference analysis
Under modern law, people who did not personally kill must usually be shown to be major participants acting with reckless indifference to human life. Helfend scrutinizes:

• What the client actually did before, during, and after the crime
• Whether they were a planner, lookout, driver, or peripheral presence
• Whether they knew weapons would be used or violence was likely
• Whether they had a realistic opportunity to walk away

This is often the heart of the defense for someone swept into a felony murder accusation as a co-defendant.

3. Causation and timeline
In many cases, the prosecution’s story about how and when the death occurred is vulnerable. He works with investigators and forensic experts to:

• Rebuild the timeline of the felony and the death
• Test whether the death was truly a “natural and probable consequence” of the felony
• Expose gaps or contradictions in medical, ballistic, or surveillance evidence

His homicide case history includes a felony murder matter where the case effectively collapsed after cross-examination exposed serious weaknesses in the state’s forensic timing.

4. Bail and pretrial strategy
Felony murder defendants often face aggressive bail positions or attempts to detain them without bail. Helfend prepares detailed bail packages and has secured release for clients facing felony murder allegations by:

• Demonstrating community ties and support
• Highlighting weaknesses in the state’s theory
• Proposing strict conditions (monitoring, housing, stay-away orders) instead of jail

Getting a client out of custody can make a huge difference in how the case is prepared and resolved.

5. Post-conviction and resentencing issues
California now allows some people convicted under older felony murder theories to seek resentencing if they could not be convicted under today’s narrower rules. When appropriate, he evaluates:

• Whether a prior conviction was based on an old felony murder or “natural and probable consequences” theory
• Whether the client was neither the killer nor a major participant acting with reckless indifference
• Whether a resentencing petition might reduce a life sentence to a lesser term

Common defenses and issues in felony murder cases

Depending on the facts, defenses may include:

• No qualifying felony
  The prosecution cannot prove the underlying felony beyond a reasonable doubt, or the conduct amounted to a lesser crime.
• Not a major participant / no reckless indifference
  The client’s role was minor, peripheral, or limited in time, and there is no evidence they accepted a grave risk to human life.
• No intent to kill or aid a killing
  For aiding-and-abetting theories, the evidence does not support an intent to kill or to help someone else kill.
• Intervening causes
  The death may not be a foreseeable consequence of the felony (for example, an unexpected independent act by someone else).
• Illegal searches and statements
  Key evidence, such as statements, cell-phone data, or physical items, may be excluded if police violated constitutional rules in obtaining them.

Not every defense applies in every case, but careful analysis is essential before making decisions about trial or negotiation.

Why clients choose Robert M. Helfend for felony murder defense

Families and defendants facing felony murder allegations turn to Helfend because:

• He has over 40 years of homicide trial experience in Los Angeles and throughout California.
• He has defended nearly every type of homicide case, including felony murder, vehicular homicides, and multi-defendant gang and robbery homicides.
• He has a long record of acquittals, dismissals, reductions from murder to manslaughter, and outcomes that avoid decades in prison.
• He personally directs homicide and felony murder cases, rather than turning them over to junior lawyers.
• Judges and prosecutors know him for meticulous preparation, measured advocacy, and credibility in court.

For clients staring at potential life sentences, that depth of experience and focus on homicide work is critical.

Immediate help if you or a loved one faces felony murder charges

If someone you care about has been arrested or charged under California’s felony murder rule:

• Do not let them discuss the facts of the case with detectives, other defendants, or potential witnesses.
• Do not encourage them to “explain” what happened to law enforcement without a lawyer present.
• Gather any paperwork you have: booking information, complaint or indictment, search warrants, bail orders, and court notices.
• Make note of the alleged underlying felony (robbery, burglary, etc.), the location of the case, and upcoming court dates.

Then contact the Helfend Law Group at (800) 834-6434 or (310) 456-3317.