All homicide cases - whether it's murder in the first degree, murder in the second degree, voluntary manslaughter, or involuntary manslaughter - come down to the defendant's state of mind at the time of the offense. This is the single most difficult element for the state to prove at trial. That's why prosecutors often charge unintentional homicides as "murder" under the felony murder statute. This statute seeks to deter people from committing inherently dangerous felonies by threating to punish them as intentional murderers if someone dies during the commission of one of these crimes. A harsh deterrent, indeed. However, the list of "inherently dangerous crimes" eligible for inclusion under the felony murder statute has exploded over the years. So much so that prosecutors now get to wield an outsized bargaining tool over every defendant who would have once been charged with an unintentional homicide. If you or a loved one is in thus unfortunate position, don't face it alone. Hire counsel to assist you and level the playing field.