Felony Murder
Under Wisconsin laws, Wisconsin Statute 940.03, if a person is convicted of causing the death of another person while committing or attempting to commit listed crimes, he or she is guilty of Felony Murder. Felony Murder is punishable by a prison sentence for not more than 15 years in excess of the maximum term of the prison sentence provided by law for the specified crime or its attempt.
The listed crimes provided by Wisconsin laws that constitute the felony for purposes of charging Felony Murder for the intentional death of a person are any crime committed with explosives, by arson, by use of a dangerous weapon, during an automobile theft by force, during an arson, during a kidnapping, and during the commission of those crimes listed below.
Successful Trial Record
Attorney Chris Van Wagner has three-times been awarded the Martin Hanson Advocate's Prize for numerous homicide acquittals (not guilty verdicts), holds an AV-rating by Martindale-Hubbell for an impeccable legal record, and has repeatedly been one of a handful of criminal lawyers named to Wisconsin Super Lawyers and Madison's Best Criminal Defense Lawyers.
If you are under investigation for felony murder, if you have been arrested for felony murder, or if you have already been convicted of felony murder and believe your conviction or sentence were wrong, please call (284-1200 or 1-888-663-8163) to speak with Attorney Van Wagner right away. Chris will give you a very straight-forward brief but professional "first-impression" analysis of your case so that you can make the next critical decision in preparation of your defense.
common law on 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 that: 1) it proscribed felony murder as a first
degree murder charge in jurisdictions where degrees of murder were recognized,
and 2) it meant that the defendant could be sentenced to death. Felony
murder is a capital crime, for which capital (death) punishment is one
of the sentencing options in jurisdictions with the death penalty. Wisconsin does not provide the death penalty as a punishment for any crime.
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. 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. 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 runs
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 inherently dangerous or committed in a dangerous manner. In a
minority of jurisdictions, the felony murder rule only applies to felonies
that are inherently dangerous.
In a majority of jurisdictions, the collateral felony rule
provides that the underlying felony must be collateral - in dependant
- 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 inoculate, 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.
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