I am not sure where you quote suggest that Felony Murder is only about charging co-conspiritors...it's not.You clearly don't understand. the felony murder rule is not the same as a degree of murder being a felony. The felony murder rule is about charging co-conspiratorsYes I claim to know the law
.Felony-Murder Rule
Definition of Felony-Murder Rule in the Legal Dictionary by The Free Dictionarylegal-dictionary.thefreedictionary.com
" Felony-murder cannot be charged if all the elements of the felony are included in the elements of murder. This is known as the merger doctrine, which holds that if the underlying felony merges with the killing, the felony cannot constitute felony-murder. For example, all of the elements of Assault and Battery with a deadly weapon are included in murder. If a killing, therefore, occurred during the course of this crime, the accused would be charged with murder."
You are welcome.
The level of force used, goes to 3rd degree v Vol Manslaughter. But you can't use the assault itself to convict of felony murder
Your citation:
A Rule of Law that holds that if a killing occurs during the commission or attempted commission of a felony (a major crime), the person or persons responsible for the felony can be charged with murder.
Initially it was strictly applied, encompassing any death that occurred during the course of a felony, regardless of who caused it. Therefore, if a police officer attempting to stop a Robbery accidentally shot and killed an innocent passerby, the robber could be charged with murder.
The person committing a robbery, that has no intent to kill someone, but in the course of the robbery a death happens...can be charged with felony murder.
The Second Degree Felony Murder Stat, in Minn, that you quoted earilier, out lines that.
The assault, via the merger rule, can't be used as the bases for the Felony murder felony.
The assault is the bases for the murder....the reckless in this case, knee on the neck was what killed him..it was the murder...it wasn't a seperate crime...ie the robbery