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Vicarious Liability

In this context, vicarious liability is criminal liability for the actions performed by another. Under common law, the parties to the crime were held criminally liable for the completed crime; the same is true day, with the exception of an accessory after the fact.

Common Law Parties To Crime

Under traditional common law principles, parties were catgorized according to the role they played in the commission of a felony as principals in the first or second degree, or accessories before or after the fact, all of whom were held vicariously liable for the crime committed.

Statutory Law Parties To Crime

In most jurisdictions, statutory laws classify parties to a crime in the same fashion as did common law principles. As well, principles and accessories are charged with the complete crime in most jurisdictions, with one exception, being the accessory after the fact. Under today's statutory laws, accessories after the fact are charged with obstruction of justice, rather than the completed crime.

Principals In The First Degree

Principals in the first degree commit the crime. In some instances, they may use a third party to commit the crime, but in those instances, they still possessed the requisite mental state and intended or desired the outcome. A principle in the first degree may also be charged as an accomplice to a crime if the results of the crime were reasonably foreseeable.

As was the case under traditional common law principles, under today's statutory laws, the principle in the first degree can be charged with the completed crime.

Principals In The Second Degree

The principlal in the second degree is the cheering squad; that party or parties who encourage the principle in the first degree to commit the crime. In some instances, the principle in the second degree merely advises the principal in the first degree, while in other instances, the principle in the second degree may take a commanding role, thus ordering the principle in the first degree to commit the crime.

At traditional common law, as well as under today's statutory law, the principal in the second degree is charged wtih the completed crime.

Accessories Before The Fact - The Aid & Abet Role

An accessory before the fact helps with the commission of a crime before the crime is committed, but is not at the scene of the crime when it is committed. The term "aided and abetted" is often used to define the role that the acessory before the fact participated as in the commission of the crime.

Under traditional common law principles, as well as under today's statutory law, the accessory before the fact can be charged wtih the completed crime.

Acessories After The Fact

An accessory after the fact, with the knowledge that the felon has committed a felony, helps a felon to avoid being found, arrested, charged or convicted of the felony.

Under common law principles, an accessory after the fact was charged with the completed crime. However, under modern statutory law, the law provides that an accessory after the fact can be charged with obstructing justice.

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

Adams (Adams, Wisconsin Dells), Ashland (Ashland), Barron (Barron), Bayfield (Washburn, Bayfield), Buffalo (Buffalo City, Mondovi), Burnett (Siren), Chippewa (Chippewa Falls), Clark (Abbotsford), Columbia (Columbus), Crawford (Prairie du Chien), Dane (Belleville, Black Earth, Blue Mounds, Brooklyn, Cambridge, Cottage Grove, Cross Plains, Dane, Deerfield, DeForest, Fitchburg, McFarland, Madison, Maple Bluff, Marshall, Mazomanie, Middleton, Monona, Mount Horeb, Oregon, Rockdale, Shorewood Hills, Stoughton, Sun Prairie, Verona, Waunakee, Windsor), Douglas (Superior), Dunn (Menomonie), Eau Claire (Abbotsford, Eau Claire), Grant (Mount Hope, Lancaster, Fennimore), Green (Monroe), Iowa (Mineral Point, Dodgeville), Jackson (Black River Falls), Jefferson (Jefferson), Juneau (Mauston), La Crosse (LaCrosse, Lafayette, Darlington), Marathon (Wausau), Monroe (Sparta), Pepin (Durand), Pierce (River Falls), Polk (St Croix Falls), Portage (Stevens Point), Price (Park Falls), Richland (Richland Center), Rock (Janesville), Rusk (Ladysmith), St Croix (Hudson), Sauk (Sauk City), Taylor (Medford), Trempealeau (Whitehall), Washburn (Spooner), and Wood (Wisconsin Dells) counties.

Drunk Driving (OWI, DUI, DWI)

Sexual Assault & Sex Crimes