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Homicide

Home » Criminal Defense » Homicide

Homicide is the unlawful killing of another person, and constitutes the most serious criminal offense under Wisconsin law. A homicide conviction can impose life-altering consequences, including decades in prison, substantial fines, and other lifelong collateral consequences. Because prosecutors use the full resources of the state to prosecute homicide cases, you need dedicated legal counsel who can level the playing field when you face a homicide charge.

Don’t leave the outcome of your prosecution to chance. Contact Nicholson Goetz & Otis, S.C., for a free initial case evaluation with a criminal defense attorney to discuss your legal options for pursuing the best possible resolution to your homicide charges.

Understanding Homicide Laws in Wisconsin

Wisconsin’s homicide laws recognize several degrees of homicide depending on the circumstances of the offense and the nature of a perpetrator’s culpability or criminal intent:

  • First-Degree Intentional Homicide – Causing the death of another person with the intent to kill that person or causing the death of an unborn child with the intent to kill the unborn child, the unborn child’s mother, or another person (Class A felony)
  • First-Degree Reckless Homicide – Recklessly causing the death of another person under circumstances showing utter disregard for human life or causing a person’s death by the manufacture, distribution, delivery, or unlawful administration of a controlled substance (Class B felony)
  • Second-Degree Intentional Homicide – Causing another person’s death with intent to kill that person, under certain mitigating circumstances (Class B felony)
  • Second-Degree Reckless Homicide – Recklessly causing the death of another person or unborn child (Class D felony)

Wisconsin also recognizes the offense of felony murder, which involves causing another person’s death while committing or attempting to commit specific felony offenses. A felony murder conviction carries a penalty of up to 15 years of imprisonment on top of the maximum term of imprisonment for the underlying felony.

Other homicide offenses in Wisconsin include:

  • Homicide by negligent control of a vicious animal (Class G felony)
  • Homicide by negligent handling of dangerous weapons, explosives, or fire (Class G felony)
  • Homicide by intoxicated use of a firearm or vehicle (Class D felony)
  • Homicide by negligent operation of a vehicle (Class G felony)

Consequences of a Homicide Conviction

A homicide conviction can impose various legal and financial consequences for defendants. First, a conviction will result in the court imposing a criminal sentence, the specifics of which depend on the grading of the offense and the court’s evaluation of sentencing factors, including the details of the crime, the defendant’s character and criminal history, the need to protect the public, and other aggravating or mitigating circumstances. Potential criminal sentences under Wisconsin law include:

  • Class A Felony – Life imprisonment
  • Class B Felony – Up to 60 years in prison
  • Class D Felony – Up to 25 years in prison, a fine of up to $100,000, or both
  • Class G Felony – Up to 10 years in prison, a fine of up to $25,000, or both

Homicide convictions can have other long-term consequences for defendants beyond a criminal sentence, such as:

  • Loss of firearm rights
  • Immigration consequences for non-citizens, including possible deportation upon release from incarceration
  • Having a criminal record that may appear in background checks when pursuing employment or housing opportunities after release from incarceration

The potential loss of freedom for decades in prison and the lifelong consequences of a criminal record with a homicide conviction make it critical to seek experienced legal advice and advocacy from a criminal defense attorney.

Defenses to Homicide Charges

A person facing a first-degree intentional homicide charge may present one or more statutory mitigating circumstances to try to reduce the grading of their charge to second-degree intentional homicide, including:

  • Adequate Provocation – The defendant reasonably believed that the victim did something, which caused the defendant to lack complete self-control, and the victim’s actions would ordinarily cause a reasonable person to lose complete self-control.
  • Unnecessary Defensive Force – The defendant believed they or another person faced an imminent danger of death or severe injury and that they needed to use deadly force in defense, and either belief proved unreasonable.
  • Prevention of Felony – The defendant unreasonably believed they needed to use force to prevent or terminate the commission of a felony.
  • Coercion or Necessity – The defendant unreasonably believed that another party had threatened them or that they needed to use force to prevent imminent death, injury, or public disaster.

Other common defense strategies used in homicide cases include:

  • Self-Defense – A defendant may avoid criminal liability by proving they acted in lawful self-defense or defense of others to prevent the alleged victim from causing imminent death or severe injury.
  • Mistaken Identity – Defendants may contest eyewitnesses’ identification of the victim by highlighting evidence of factors that could have adversely affected an eyewitness’s view of the crime or by arguing that police used improperly suggestive identification procedures.
  • Alibi – A defendant may present alibi evidence to prove they were elsewhere when the crime occurred and thus could not have committed the offense.
  • Unreliable Forensic Evidence – When a homicide case involves forensic evidence, such as DNA, fingerprints, or ballistics, defendants may challenge the reliability of the prosecution’s forensic testing to undermine the strength of the evidence.
  • Unlawfully Obtained Evidence or Statements – A defendant may seek to exclude evidence from the state’s case by arguing that police obtained evidence or inculpatory statements from the defendant from an illegal search or an interrogation that violated the defendant’s rights.

An experienced criminal defense lawyer can review the facts and evidence in your case to identify applicable defenses that may help you fight your homicide charges.

Why Choose Nicholson Goetz & Otis, S.C.?

When you face prosecution for a homicide offense, choosing the right legal counsel may become one of the most critical decisions you make in protecting your rights and interests. Choose a violent felonies defense lawyer from Nicholson Goetz & Otis, S.C., to help you seek a favorable resolution to your homicide charges because:

  • Our lawyers possess substantial courtroom experience. We have represented clients in thousands of cases, and members of our law firm spend nearly every day in Wisconsin courtrooms. Our attorneys work diligently to develop their legal knowledge, familiarity with procedural rules and evidence, and written and oral advocacy skills, ensuring you receive top-quality legal representation.
  • We take pride as a boutique trial litigation firm. Our lawyers possess the skills and resources to handle the most complex criminal cases. However, our smaller size allows us to provide the focused attention and personal communication you deserve from your legal counsel.
  • Our law firm collaborates with a network of well-respected investigators, experts, and forensic sentencing consultants to develop comprehensive case strategies to help you achieve the best outcome under the facts and circumstances in your case. You can expect our attorneys to utilize our full resources and connections to develop the most robust defense possible.

Contact Our Firm Today to Protect Your Rights and Future

If you’ve been arrested and charged with homicide in Wisconsin, get the seasoned legal counsel you need from a criminal defense attorney to stand up for your rights and pursue a favorable resolution to your charges. Contact Nicholson Goetz & Otis, S.C., today for a free, confidential consultation with a homicide lawyer to discuss how our law firm can help you fight to protect your reputation and future.

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