Woman Arrested Two Years After Crash That Killed One-Year-Old

 Posted on December 06, 2024 in Criminal Defense

On January 27, 2023, the Wisconsin mother of a one-year-old child parked her unlocked vehicle at her home and went inside. She left a family friend in the car with the child, but the car and her child were gone when she came out of the house. The family friend apparently jumped into the driver’s seat and drove away with the child. She later crashed the car, killing the baby. The woman was hospitalized following the crash, fleeing law enforcement after being released. Almost two years later, the woman was taken into custody in Milwaukee on December 3rd.

The specific charges against the woman are unclear; in the state of Wisconsin, homicide is a broad category, including felony murder, first-degree intentional homicide, second-degree intentional homicide, reckless homicide, negligent homicide, homicide by negligent use of a motor vehicle, homicide by negligent use of a firearm, and homicide by negligent control of a vicious animal. In this particular instance, the charges are likely to be homicide by negligent use of a motor vehicle, although additional charges or enhancements could be added because the woman fled.

If you are charged with any type of homicide in the state of Wisconsin, these charges are very serious, with severe penalties that could include life in prison for first-degree intentional homicide. A Jefferson County, WI criminal defense attorney from Bucher Law Group, LLC will build a strong defense that is specifically targeted to your charges and the circumstances surrounding those charges with a goal of the best possible outcome.

Penalties for Various Types of Homicide in Wisconsin

Felony murder occurs when another person’s death is caused by the defendant while in the commission of another felony crime, including burglary. In addition to the sentence for the underlying crime, a defendant can have 15 years added to his or her sentence. First-degree intentional homicide and second-degree intentional homicide are charged when the defendant has intent to commit murder.

First-degree intentional homicide is a Class A felony with a mandatory life prison sentence. Second-degree intentional homicide is similar to a manslaughter charge in that the defendant had just cause to kill the victim. "Just cause" includes prevention of a felony, coercion, unnecessary force during defense and adequate provocation. Second-degree intentional homicide is a Class B felony with a minimum mandatory prison sentence of 60 years.

First-degree reckless homicide is a Class B felony that involves the murder of another adult, an unborn child, or the delivery of drugs resulting in death and carries a maximum penalty of 60 years in prison, although mitigating circumstances could reduce the penalty to 40 years. Negligent homicide in Wisconsin involves causing the death of another person through criminally negligent behavior.

This means the defendant acted in a manner that created a risk of death or bodily harm, the risk was substantial and unreasonable, and the defendant was aware of the risk or should have been aware of the risk. Homicide by negligent handling of a dangerous weapon is a Class G felony, with penalties of up to 10 years in prison and/or a $25,000 fine. Homicide by negligent use of a motor vehicle is also a Class G felony with the same penalties.

Homicide by intoxicated use of a motor vehicle is a Class D felony with a maximum penalty of 25 years in prison and/or a $100,000 fine, while homicide by intoxicated use of a firearm is a Class D felony with a maximum sentence of up to 25 years in prison and/or a $100,000 fine. Homicide by negligent control of a vicious animal is a Class G felony, with penalties of up to ten years in prison and/or a fine of $25,000.  

Contact a Waukesha County, WI Homicide Lawyer

If you or a loved one are charged with homicide, the sooner you have an experienced Milwaukee County, WI homicide attorney on the case, the better outcome you are likely to have. Attorney Paul Bucher spent 20 years as the Waukesha County District Attorney, which brings a unique perspective to his criminal defense practice. Attorney Bucher has litigated thousands of criminal cases, including dozens of homicides. When your freedom and your future are on the line, contact Bucher Law Group, LLC at 262-303-4916 to schedule your free consultation.