Most people don’t know that you can face a murder charge in Wisconsin even if you never meant for anyone to die. When someone dies during certain felony offenses, prosecutors can pursue felony murder charges. The state often makes aggressive efforts to link everyone involved to the same result.
You can be charged because you were merely present or helped commit an underlying offense such as robbery, burglary, drug delivery, sexual assault, or another serious felony. Police and prosecutors often file charges before anyone knows the full story.
Your response in the first days of a case is more important than you may realize. Statements to investigators can be used against you and become key issues. You need attorneys who know how to challenge assumptions and build an aggressive, trial-ready defense.
Nicholson Goetz & Otis, S.C. is a boutique litigation and trial law firm in Madison, WI. Our lawyers are known for their meticulous preparation and deep knowledge of the law. Whether you need felony murder defense or help with another serious criminal matter, we fight for you to get the best possible result under the law. Contact our law firm for a confidential consultation with an experienced Madison criminal defense attorney.
Eligible felony murder crimes carry significant criminal exposure on their own, including:
Even attempted versions of these crimes can lead to criminal charges. Using a weapon can also increase the potential prison time and other consequences.
In practice, these cases rarely rely on one piece of evidence. Prosecutors usually build the story from multiple sources, including:
All of that is pieced together to explain both the underlying alleged felony and how the state believes it connects to the death. An attorney from our Madison, WI, law firm can help you understand your exact charges and the state’s general theory of the case, then start building a defense that challenges their version of what happened.
A felony murder charge can significantly increase the penalties you’re facing, compared to the underlying felony on its own. Once a death happens, you’re liable for it, even if you didn’t cause it yourself. In practical terms, here’s how that can work:
If you’re convicted, you may also be sentenced to extended supervision after release. Most cases involve heavy fines and restitution to cover financial losses from the incident. Beyond the sentence itself, a conviction can affect your employment, housing, and immigration status.
When courts determine a sentence, judges typically look at several factors, including:
Charges for felony murder and the underlying felony or related conduct can affect both plea negotiations and trial strategy. That’s why it’s so important to work with Madison, WI, felony murder defense attorneys who know how to challenge both the underlying felonies as well as the murder charge.
Accusations of felony murder can add an extra 15 years onto your potential sentence. It’s a serious charge that demands an experienced defense.
In these cases, there may be many opportunities to challenge the state’s case. Can the prosecutor prove the underlying crime? Is there a sufficient connection between that and the death that allegedly resulted from it? Was there some other cause that contributed?
Taking advantage of these opportunities requires pinpointing the issues and analyzing the evidence. It requires a strong background in Wisconsin criminal law. And, as in any homicide case, preparation and trial skills may mean the difference between a guilty verdict and an acquittal.
Common defense issues often include:
Some cases require especially close review of how toxicology or medical findings were developed, particularly when the cause of death is complicated by other factors.
In multi-person incidents, it’s also common for responsibility to be disputed between everyone involved. Stories can change. Most people will try to minimize their role while placing responsibility on someone else.
Our lawyers use pretrial motions to limit the evidence or challenge the charges before the case goes to trial. Successful motions can limit what evidence comes in, or in some situations, reduce or remove certain charges before the trial even begins.
If police want to question you in connection with a felony murder case, don’t try to talk your way through it or “clear things up” on your own. People often assume they can explain what happened and make things go away. Unfortunately, even casual or informal conversations can be taken out of context and used against you in court.
You have the right to remain silent, and you should use it. Ask for a lawyer right away. Once you do that, questioning is supposed to stop. Even if it doesn’t, refuse to talk until you can contact our law firm.
You can also help protect yourself by preserving information that might later be important. That includes things like:
There are also a few things you should avoid completely. Don’t contact co-defendants or witnesses about what happened. Those conversations can easily be misunderstood or seen as attempts to influence testimony.
Taking the right approach early gives our defense lawyers room to respond strategically. The lawyers at Nicholson Goetz & Otis, S.C. can step in early to take over communication with law enforcement. Our law firm will protect your rights from the very first. That includes advising you on what to do and how to avoid common mistakes that can negatively affect your case.
Here are some of the most common questions people have when they’re trying to understand how felony murder charges work in Madison, WI.
Generally, no. The intent to kill is not the main issue. Instead, prosecutors focus on whether a qualifying felony occurred and whether they can connect that felony to the death in question.
Yes. Prosecutors can bring charges if they believe you participated in the underlying felony and use party-to-a-crime theories to connect responsibility to multiple people.
Yes, it’s possible, depending on your specific case. The exact outcome depends on issues like weak identification evidence, issues with evidence collection, arguments over causation, and plea negotiations.
You should speak with our law firm before answering any questions. This is one of the most important things you can do to protect yourself. Our attorneys will help you understand your rights and how your statements might affect your case.
At Nicholson Goetz & Otis, S.C., we have the experience, knowledge and trial skills it takes to defend against murder charges. Our lawyers are no strangers to high-profile, high-stakes cases. In fact, our winning results in felony cases demonstrate the unwavering level of determination we bring to every case.
To speak with our lawyers during a private consultation, call 608-237-6854 or contact us online. Our office is centrally located in the heart of Madison.
