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Felony Murder

Under traditional common law principles, if a homicide resulted during the commission of a felony, the felony murder rule provided that all parties to the felony crime were vicariously criminally liable for the crime of felony murder. The implication of the felony murder rule was 1) that it proscribed felony murder as a first degree murder charge in jurisdictions where degrees of murder were recognized, and 2) that it meant that the defendant could be sentenced to death. Felony murder is a capital crime, for which captial (death) punishment is one of the sentencing options.

Today, in most jurisdictions, cause-in-fact (the actual cause of the crime) and proximate cause (the legal cause of the crime) must still be established, but the fact that a person died during a felony may not constitute a felony murder charge, if that death was unrelated to the felony crime. As well, a majority of jurisdictions will not apply the felony murder rule when a non-felon kills a felon, but will apply it when a felon kills a non-felon. And a minority of jurisdictions provide that a non-violent co-felon may be charged with a lesser crime than felony murder.

Period of Perpetration Of Felony

At common law, the period of the commission of the felony begins when the defendant enters the zone of perpetration; that physical place and time is dependant upon the circumstances, but as a general rule, it begins when an attempt of the felony crime can be established and run until the felons are in a place of safe harbor.

Limitations On Felony Murder Rule

Under common law and Wisconsin law, the felony murder rule has been limited. The rule is no longer available for certain types of non-dangerous crimes. In most jurisdictions, the rule is limited to felonies that are inherantly dangerous or committed in a dangerous manner. In a minority of jurisdictions, the felony murder rule only applies to felonies that are inherantly dangerous.

In a majority of jurisdictions, the collateral felony rule provides that the underlying felony must be collatteral - independant - of the homicide. The majority of jurisdictions also hold that the felony murder rule is collateral to the crime of burglary, hence it may not be applied regardless of the burglar's intent. A minority hold that the felony murder rule is noncollatteral, hence it can be applied with the assumption that the burglar's intent was to commit an assault.

Expansions on Felony Murder Rule Theory

Under vicarious liability principles of accomplice liability, the felon who engages in cross-fire with police or otherwise starts a gun battle, along with all accomplices, can be charged with felony murder for any resulting homicide.

Contact Van Wagner & Wood

Van Wagner & Wood, S.C.
608-284-1200

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Offices of Van Wagner & Wood

Van Wagner & Wood's office is located at Martin Luther King, Jr. Blvd. and Doty Street. 10 East Doty is located on the outside of the first circle surrounding the capitol building. You can park under the building by entering the parking lot from Doty Street. If you park under 10 East Doty, the offices of Van Wagner & Wood will validate your parking ticket so that you do not have to pay to park. If the parking ramp is full, there are numerous parking places surrounding 10 East Doty, as well as a public parking ramp on State street.

Appeals & Serious Crimes - Homicide - Murder

Van Wagner & Wood's criminal defense lawyers handle appeals to both the Appellate Court and the Supreme Court, as well as both state and Federal court systems for people convicted of a crime who believe their conviction or sentence were wrong. Most often, the appeals that they handle are to federal court because very few attorneys handle these types of appeals; Attorney Chris Van Wagner was a US Attorney in Wisconsin before entering private practice. Often times, people from across the United States hire Attorney Van Wagner for a Federal or a state appeal for serious crimes including homicide, RICO (Racketeering), felony murder, negligent homicide, vehicular homicide, or sexual assault. Attorney Tracey Wood handles appeals to Wisconsin State Court of Appeals and Wisconsin Supreme Court for charges or convictions stemming from a Wisconsin trial.

Federal Crimes

Drug Crimes

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Drunk Driving (OWI, DUI, DWI)

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