To count any death that occurred during the course of an assault as felony murder would obliterate a distinction that is carefully set by the legislature. However, merger may not apply when an assault against one person results in the death of a different person.

Felony murder is typically the same grade of murder as premeditated murder and carries the same sentence as is used for premeditated murder in the jurisdiction in question.

By country

The felony murder rule has been abolished in England and Wales

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