Felony murder is the commission of an intentional murder during the commission of a dangerous felony.
A felony murder charge is different than a homicide charge under Wisconsin laws. :: See Homicide :: A felony murder charge requires that some other dangerous felony was being committed at the time that a death also occurred. The felony must have been a dangerous one, such as robbery or burglary. The death however can be accidental and still result in a felony murder charge.
State of Wisconsin -vs- Felony Murder Defendant
The state of Wisconsin must prove the elements of the crime of felony murder to obtain a conviction. The prosecuting attorney will provide testimony and other evidence during a jury trial that will be used to prove the charge. That evidence will try to substantiate each element of the crime.
That the defendant was involved in an enumerated felony.
That the death occurred during the commission of that felony.
Murder law has many facets and defenses, not able to be covered here. The "felony murder rule" is perhaps the most critical. If the defendant and
other people are robbing a bank, for example, and one or more of robbers is armed, then any resulting death can result in the defendant being held criminally liable for the murder, even if the defendant never intended violence at all. Similar to
a conspiracy, the defendant is liable for all of the "natural and probable consequences"
of the felony committed by any member to the conspiracy.
For a free initial consultation to discuss your situation, please call 1-866-493-0726, e-mail -
- or send your case information to the attorneys at Birdsall Law Office, S.C..
The criminal defense attorneys at Birdsall Law represent people across the state of Wisconsin and routinely appear in the counties (and cities) listed below.
Sentencing for a battery conviction depends on the criminal battery charge sought by the prosecuting attorney, which is directly related to the degree of harm intended, or to put it more realistically, to the degree of harm that the prosecuting attorney believes he can prove.
Death Penalty
The greater the degree of intended harm, the more serious the charge, thus the more serious the penalties. A simple battery is an intent to cause harm. A simple battery is a misdemeanor. A battery intended to cause a substantial amount of bodily harm or death is a felony.
When Results Matter
The criminal defense attorneys at Birdsall Law Offices maintain an acquittal rate 3 times the Wisconsin state average (up from 4 times the state average last year). Among those acquittals (not guilty verdict) was a most astonishing battery case in which the defendant was alleged to have committed a battery on a police officer. Aside from the fact that there "credible" witnesses (other police officers), the defendant admitted to having battered the police officer. Despite those overwhelming facts, Attorney "TJ" Perlick-Molinari won an outright acquittal (not guilty verdict) in a jury trial.
For a free initial consultation to discuss your situation, please call 1-866-493-0726, e-mail -
- or send your case information to the attorneys at Birdsall Law Office, S.C..
The criminal defense attorneys at Birdsall Law represent people across the state of Wisconsin and routinely appear in the counties (and cities) listed below.
