Defending Intentional Homicide Charges in Wisconsin

 Posted on December 24, 2024 in Criminal Defense

A 38-year-old Friendship, WI man was recently arrested under suspicion of committing a double homicide in the state. The man has been charged with two counts of intentional homicide and two counts of hiding a corpse. Intentional homicide charges are among the most severe charges in the state.

A conviction for intentional homicide brings severe penalties that can potentially last a lifetime. If you have been charged with intentional homicide or any type of murder charge in Wisconsin, it is extremely important that you speak to a Dodge County, WI criminal defense attorney with significant experience in defending such serious charges.

What Are the Different Types of Murder Charges in Wisconsin?

The different types of murder in the state include the following:

•  First-degree intentional homicide/murder  
• Second-degree intentional homicide/murder  
• First-degree reckless homicide  
• Second-degree reckless homicide  
• Homicide involving the negligent handling of a dangerous weapon, explosive, or fire
• Homicide involving the intoxicated use of a vehicle or firearm
• Homicide involving the negligent operation of a vehicle

What Are the Penalties for Intentional Homicide?

First-degree intentional homicide is a Class A felony in Wisconsin that comes with a mandatory sentence of life in prison. Depending on the circumstances, the offense could be charged as second-degree intentional homicide, which is charged when the defendant has just cause to kill the victim. Second-degree intentional homicide is similar to manslaughter in other states.

Second-degree intentional homicide can only be charged if the murder is committed to prevent a felony, is committed under coercion, is the result of unnecessary force during defense, or is the result of adequate provocation. Adequate provocation means the victim provoked the defendant into temporarily losing self-control, and the death of the victim was the result.

Second-degree intentional homicide is a Class B felony, with penalties of a minimum incarceration of sixty years. If the defendant has other felonies, more time could be added. Both first-degree and second-degree intentional homicide penalties are extremely severe and can benefit significantly from an experienced criminal defense attorney.

What Are Some Common Defenses Used for Those Charged with Intentional Homicide?

Justification defenses to homicide charges are used when the defendant admits he or she committed the crime he or she is being accused of but essentially says it was the right thing to do because of special circumstances. Justification defenses include:

• Prevention of a serious crime is used when a terrorist attack, mass murder, or other serious crime is about to occur, and the defendant acts with no more force than is necessary to prevent that crime.
• Defense of another person is used when a person other than the defendant is in imminent danger of serious bodily harm, rape, or imminent danger of death, and the defendant acts to prevent that harm.
• Any death caused in accordance with Wisconsin law, including executions, implementation of DNR orders, or lawful abortions.
• Self-defense is used when an individual is in imminent danger of serious bodily harm, rape, or imminent danger of death.

Killing a person who is stealing something in the local Wal-Mart to prevent theft is not considered justification, but killing a person who is trying to kidnap a child would likely be considered justified.

Excuse and mitigation defenses to homicide include:

• The defendant was provoked into committing the homicide.
• The defendant was under duress, forced to commit the homicide due to threats of harm to loved ones.
• The defendant lacked the mental capacity to understand his or her actions or control his or her behavior.
• The defendant reasonably believed his or her life was in danger and used force in self-defense.

Other defenses include violations of constitutional rights and errors made by police or prosecutors.

Contact a Milwaukee County, WI Intentional Homicide Lawyer

The sooner you have a highly skilled Waukesha County, WI intentional homicide attorney as your legal advocate, the better your outcome is likely to be. Attorney Bucher has litigated some of the most high-profile, complex cases in the state and has personally handled dozens of homicide cases. Twenty years as the Waukesha County District Attorney gives him a unique perspective on criminal defense cases.  Contact Bucher Law Group, LLC at 262-303-4916 to schedule your free consultation.