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INFO
Accomplice
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Proof Beyond A Reasonable Doubt
Web Details
Defenses
Affirmative Defenses
Justification
Crimes Against Property
Murder
You may want to read:
Felony Murder | Vehicular
Homicide | Intentional Homicide
|
About Chris Van Wagner
| About Tracey Wood |
Murder
At common law, the definition is murder is the killing of another human being with malice and aforethought.
Malice
Under common law principles, malice may be established by: 1) intent to kill, 2) intention to cause serious bodily harm, 3) wanton 7 willful misconduct, and 4) during the commission of a felony. Malice may be negated by: 1) justification, 2) excuse, or 3) mitigation.
1. Intent To Kill
To prove an intent to kill requires that the prosecution prove that it was the defendant's conscious object to kill, which means that he either desired that outcome as a resut or was substantially certain that the outcome would result.
To prove intent, the prosecution may present evidence of the defendant's words and actions, and the type of weapon used to commit the crime.
Deadly Weapon Doctrine
The use of deadly weapon or the use of an item in a lethal manner is considered to be sufficient to prove that the defendant intended to cause the resulting homicide.
Transferred Intent
At common law, under the doctrine of transferred intent, if the defendant intended to kill one person, but killed a different person, the doctrine of transferred intent transfers the intent from the intended homicide to the actual homicide.
2. Intent to Inflict Serious Bodily Injury or Harm
As with intent to kill, the prosecution will ikely admit evidence to prove intent to committ serious bodily harm including the words and behavior of the defendant, the use of a deadly weapon, or the use of another article in a lethal manner. At common law, the deadly weapon doctrine applies.
3. Depraved Heart - Wanton & Willful Conduct
Often called the depraved heart murder, a murder resulting from wanton and willful conduct is performed with an act so reckless and careless of the safety of others that it demonstrates the perpetrator's complete disregard for human life.
4. Felony Murder Rule
Although covered in more detail at felony murder, under common law principles, as with Wisconsin law, a defendant who causes the death of another or participates in a felony that results in the death of another can be charged with felony murder.
Aforethought
Aforethought is preliberation and deliberation. While both must occur to establish premeditated murder, neither must occur for any great length of time, and in fact, can occurs within seconds.
Information about the office location of Van Wagner &
Wood, the areas of law in which they most frequently represent people,
and the cities and counties where Attorney Chris Van Wagner & Attorney
Tracey Wood most frequently appear are listed below. If you reside outside
of these areas, you may want to call the attorneys at Van Wagner & Wood
to ask if they can help you through representing you or referring you
to a lawyer they know. 
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
Former Federal prosecutor, Attorney Chris Van Wagner,
handles Federal cases, which includes Federal drug crimes and other Federal
criminal charges.
Drug Crimes
The criminal defense attorneys at Van Wagner & Wood
handle cases involving drug offenses in which the accusation is made by
either a state or a Federal prosecutor, arrests by state officials or
Federal agents, and other drug cases such as those handled by the DEA.
Van Wagner & Wood's criminal defense lawyers represent
people located across the state of Wisconsin in matters involving state
drug charges including the following counties and cities.
Drunk Driving (OWI, DUI, DWI)
Madison (Dane County), Richland Center (Richland County),
La Crosse (La Crosse County), Jefferson (Jefferson County), Wisconsin
Dells (Columbia County and Sauk County), Stevens Point (Portage County),
Dodgeville and Mineral Point (Iowa County), Portage (Columbia County)
and Montello (Marquette County).
Sexual Assault & Sex Crimes
Dane (Madison, Middleton, Monona, Fitchburg), Green (Monroe),
Lafayette (Darlington), Dodge (Beaver Dam, Waupun), Portage (Stevens Point),
Wood (Wisconsin Rapids), Sauk (Wisconsin Dells), Columbia (Columbus),
Richland (Richland Center) and Juneau (Mauston) area.
