Felony Murder Defense Lawyer in Wisconsin

Charged with Felony Murder under Wis. Stat. § 940.03? A conviction stacks up to 15 years on top of the maximum for the underlying felony. Call Chirafisi Anderson, S.C. to start your defense – Free Consultations.

(608) 250-3500

What the Law Says About Felony Murder

Under Wis. Stat. § 940.03, person commits Felony Murder if they cause the death of another while committing or attempting to commit certain enumerated felonies, or while in immediate flight from the commission or attempted commission of those felonies.

Common predicate offenses include armed robbery, aggravated burglary, arson, kidnapping, false imprisonment, first- or second-degree sexual assault, and specified battery offenses. Felony Murder does not require proof that the defendant intended to kill; instead, criminal liability attaches if the death was caused during the course of the predicate felony or its immediate aftermath.

What the State Must Prove to Convict on Felony Murder in Wisconsin

To convict a defendant of Felony Murder under Wis. Stat. § 940.03, the State must prove each of the following elements beyond a reasonable doubt:

  1. Underlying felony occurred. The defendant committed (or attempted to commit) a listed predicate offense.
    • The State must still prove all elements of the predicate felony. If the predicate fails, the felony-murder charge fails.
  2. Causation. The commission of that predicate offense was a substantial factor in causing the death.
    • “Commission” includes immediate flight from the felony.

These elements are detailed in Wisconsin Jury Instruction – Criminal 1030 Felony Murder

Penalties and Sentencing for Felony Murder in Wisconsin

Felony Murder carries a sentencing structure that combines the punishment for the underlying felony with additional imprisonment authorized by statute.

  • Base sentence: the maximum penalty for the predicate felony (or attempt), plus up to 15 years of additional imprisonment under § 940.03.
  • Counts and charging: the underlying felony is a lesser-included offense of felony murder; it is typically not separately sentenced if felony murder is sustained.
  • Sentencing factors often include: role in the felony, foreseeability and risk created, whether weapons were used, victim impact, and post-incident conduct.

Courts commonly evaluate the defendant’s role in the felony, foreseeability and degree of risk created, use of weapons, victim impact, and post-incident conduct. Collateral consequences often include employment barriers, background-check issues, and immigration complications.

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Common Scenarios in Felony Murder Cases in Wisconsin

Felony Murder charges often arise from situations where a death occurs during the commission of a serious felony, even when the defendant did not intend to cause a death. Common scenarios include:

  • Armed robbery where a patron, bystander, or co-participant is killed during the robbery or immediate flight.
  • Aggravated burglary in which a homeowner shoots a co-felon as participants flee.
  • Arson resulting in fatal smoke inhalation to an occupant or responder.
  • Kidnapping/false imprisonment where restraint leads to a fatal medical event.
  • Sexual assault where injuries or defensive force lead to death.

Defenses and Legal Strategies for Felony Murder Charges

Felony Murder cases are often won or lost on the viability of the predicate felony, the causal connection to the death, and whether the alleged conduct falls within the statute’s scope. Effective defense strategies frequently include:

  • Attack the predicate felony. Suppress evidence, challenge identification/intent, or reduce to a non-listed offense (if the predicate fails, felony murder fails).
  • Causation challenges. Argue the death was not a substantial factor of the felony or occurred outside the felony/its immediate flight.
  • Scope & timing. Contest whether events were still within “commission or immediate flight.”
  • Party-to-a-crime limits. Scrutinize the nexus between the defendant’s conduct, co-actors, and the death.
  • Intervening acts. Argue extraordinary, independent acts broke the causal chain.
  • Mens rea issues (predicate). Some predicates require specific intent or dangerous-weapon use—challenge those elements.
  • Lesser-included/offense selection. Position the case for conviction (if any) on the underlying offense only, not felony murder.
  • Pretrial motion practice. Suppression, severance, evidentiary limits (other-acts, graphic evidence), and expert challenges (forensics, trajectory, pathology).

Why Hiring a Felony Murder Defense Lawyer Matters

Facing a Felony Murder charge is one of the most serious legal situations a person can encounter in Wisconsin. A conviction can add up to 15 years of imprisonment on top of the sentence for the underlying felony and permanently alter every aspect of your life. These cases require a defense strategy that addresses both the predicate felony and the causation issues unique to Wis. Stat. § 940.03. Early involvement by experienced defense counsel is critical.

Local Experience matters. We regularly defend violent felony allegations across Southern and Central Wisconsin including Dane, Rock, Jefferson, Columbia, Green, Iowa, Dodge, and Sauk Counties, navigating local charging practices, plea frameworks, and judicial expectations.

Proven track record of results. We have obtained dismissals, charge reductions, and favorable resolutions in complex violent-crime cases by attacking predicate felonies, disputing causation, and narrowing the time window of “commission/immediate flight.”

Recognized legal excellence. Our attorneys are Super Lawyers® honorees and active in state and national defense organizations—bringing rigorous preparation and trial skill to high-stakes homicide matters.

View some of the case results from Chirafisi Anderson, S.C.

Contact Chirafisi Anderson, S.C.

A Felony Murder charge demands an immediate, strategic defense focused on both the underlying felony and the causation issues unique to Wis. Stat. § 940.03. These cases move quickly and carry extraordinary sentencing exposure. An experienced defense team can intervene early to protect your rights, challenge the State’s theory, and pursue the strongest possible outcome.

Chirafisi Anderson, S.C. represents individuals charged with Felony Murder and other serious violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.

(608) 250-3500 Schedule a Free Consultation

Frequently asked questions – Felony Murder in Wisconsin

Wisconsin lists specific predicates, including armed robbery, aggravated burglary, arson, kidnapping, false imprisonment, first-/second-degree sexual assault, and certain battery offenses.

Yes. If death occurred during the commission or immediate flight from a listed felony and the felony was a substantial factor in the death, liability may attach even if a victim or third party fired the shot.

No. Wisconsin does not recognize attempted felony murder.

No. The State must prove the predicate felony and that its commission caused the death; it need not prove an intent to kill.

The court may impose up to 15 years in addition to the maximum for the predicate felony (or attempt). Sentencing structure then follows Wisconsin’s bifurcated-sentence rules.