Charges of Negligent Homicide by Operation of a Motor Vehicle

 Posted on February 06, 2025 in Criminal Defense

A Janesville, WI man was recently found guilty of second-degree reckless homicide and negligent homicide by operation of a motor vehicle. After crossing the center line while driving, he crashed into an oncoming car, causing a collision that resulted in the death of another driver.

The man’s trial lasted four days before a Rock County jury found him guilty of the charges against him. He admitted to consuming alcohol before the crash, and alcohol was found in his system several hours after the crash. The defendant could face up to 15 years in prison and up to 10 years of extended supervision.

Negligent homicide by operation of a motor vehicle and second-degree reckless homicide are very serious charges with serious penalties. If you should find yourself facing such charges, it is important that you have an experienced Racine County, WI criminal defense attorney who will vigorously defend your charges.

What is Negligent Homicide by Use of a Motor Vehicle?

There are elements to this offense that must be proven beyond a reasonable doubt. These elements include that the defendant operated a motor vehicle in a manner that constituted criminal negligence and that the defendant’s criminal negligence was directly responsible for the victim’s death.

For example, if a person is driving 85 mph on a residential street where the speed limit is 25 mph and collides with another car, killing the driver, he or she has acted in a negligent manner while operating a motor vehicle, and that negligence caused a death.

Criminal negligence means that another reasonable person, given the same circumstances, would have been aware that driving 85 mph in a residential neighborhood created a substantial risk of death or great bodily harm. Homicide by negligent operation of a vehicle is a class G felony. If convicted, the penalties include up to 10 years in prison, a maximum fine of $25,0000, or both.

What is Second-Degree Reckless Homicide?

While first-degree reckless homicide requires proof that the defendant acted with utter disregard for human life, second-degree reckless homicide requires proof that the defendant caused the death of another person by criminally reckless conduct. The defendant’s conduct must have created a risk of death or great bodily harm that was substantial.

The defendant must have been aware that his or her conduct was unreasonable and created this risk of death or great bodily harm. Second-degree reckless homicide is a Class D felony that carries a maximum of 25 years in prison, a $100,000 fine, or both. The initial confinement for a Class D felony is 15 years in prison with 10 years of extended supervision.  

What Are Some Defenses for Reckless Homicide and Negligent Homicide?

Perhaps the best defense against charges of negligent homicide by operation of a motor vehicle is to argue that the defendant’s actions were not criminally negligent and that the death was an accident. Depending on the circumstances, an attorney might also argue that the defendant’s actions were reasonable, given the circumstances.

Unfortunately, if the defendant had a high BAC at the time of the accident, it would be more difficult to argue that the collision was an accident and did not involve negligence. Defenses against reckless homicide could include lack of intent - that the act that caused the death was unintentional.

Contact a Milwaukee County, WI Homicide Lawyer

If you have been charged with any type of Wisconsin homicide, these are some of the most serious charges you can face. You need an experienced Waukesha County, WI homicide attorney from Bucher Law Group, LLC who can find any hole in the prosecutor’s case and zealously defend your rights and your future.

Attorney Bucher spent two decades as the Waukesha County District Attorney, which gives him a unique perspective that benefits his clients. He has litigated the most complex, high-profile cases in the state and personally handled dozens of homicides. Call 262-303-4916 to schedule your free consultation.