If 2 guys go rob a store and 1 gets shot and killed by the clerk, can the other guy get charged with the murder and robbery?

UPDATED: Apr 12, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 12, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If 2 guys go rob a store and 1 gets shot and killed by the clerk, can the other guy get charged with the murder and robbery?

Asked on April 12, 2012 under Criminal Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The surviving robber would be charged with murder, robbery and conspiracy to commit robbery.

The surviving robber is charged with murder under the felony murder rule which imposes liability for an unintentional homicide that occurs during the commission of a felony.  The felony here is robbery and the unintentional homicide gives rise to the felony murder rule even though the other robber was killed by the clerk and not the second robber.  The conspiracy to commit robbery is based on the two robbers acting in concert to commit the robbery.  Conspiracy to commit robbery is separate from the charge of robbery against the surviving robber.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption