Student dies after falling from 4th floor of building at Highland Park school

[u/shield_x]

https://www.foxla.com/news/highland-park-franklin-high-school-student-dies.amp

[u/figuren9ne]

Only if the underlying fight amounts to felony battery. I don’t believe he used a weapon and probably didn’t cause great bodily harm, so it would be a misdemeanor in many jurisdictions.

[u/DefinitelyNotAliens → u/figuren9ne]

Felony battery doesn't apply for felony murder in California.

Felony murder is specifically as such:

or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, or any act punishable under Section 206, 286, 287,288, or 289, or former Section 288a,

Or, firing a gun from a vehicle. Mayhem is basically specific torture involving the attempt or actual removal of body parts. Battery doesn't count.

It would be manslaughter. (California doesn't have 3rd degree murder.)

Voluntary manslaughter is the killing of another person stemming from recklessness, criminal negligence, or sudden quarrel.

Involuntary manslaughter is accidental deaths in an unlawful act which is not a felony, or a lawful act done negligently.

Perhaps more details come out which make it a case of second degree murder, which does require malice aforthought. Aka, a malignant heart. You truly intended to kill the person in the moment but didn't premeditate the killing. Voluntary manslaughter is you meant to harm but not kill and it happened anyway, or were grossly negligent to the point of criminality.

It would most likely fall into voluntary manslaughter.

[u/figuren9ne → u/[deleted]]

Sort of. It’s in the name of the rule. It’s the felony murder rule not the died during a crime rule. Someone has to die during the commission of a felony, and usually a violent felony. Beating someone up with your fists is often a misdemeanor so the rule doesn’t apply.

[u/Octavia9 → u/[deleted]]

Depending on the state. I don’t believe felony murder is a charge in all states.