Homicide Defense Attorney Milwaukee, WI
A Milwaukee homicide defense attorney can help if you’re facing charges for one of the most serious crimes under Wisconsin law. A conviction can result in significant penalties that may have long-lasting consequences for your freedom and future; for example, a conviction for First Degree Intentional Homicide carries a mandatory life sentence, and you may never be eligible for supervision. An experienced Milwaukee criminal defense attorney from the law firm of Nolan Defense Alliance can help you protect your rights and interests. Contact us for an initial case evaluation with a dedicated homicide defense lawyer to discuss your options for seeking a favorable resolution to your case.
Understanding Homicide Charges
Wisconsin criminal law recognizes several types of homicide charges. Each type of homicide charge in Wisconsin recognizes a different level of criminal intent and circumstances leading to the victim’s death.
A person commits the crime of first-degree intentional homicide in Wisconsin if they cause another person’s death with the intent to kill that person or if they cause the death of an unborn child with the intent to kill the unborn child, kill the unborn child’s mother, or kill another person. Wisconsin law grades first-degree homicide as a Class A felony.
A person may face a first-degree reckless homicide charge if they recklessly cause another person’s death under circumstances that show utter disregard for human life or if they recklessly cause an unborn child’s death under circumstances that show utter disregard for the life of the unborn child, the unborn child’s mother, or another person. First-degree reckless homicide constitutes a Class B felony.
A person can also face prosecution for first-degree reckless homicide if they cause the death of a human being due to a drug overdose.
Drug Overdose Homicide
A person who manufactures, distributes, or delivers a controlled substance can face a homicide charge if another person uses that substance and dies as a result. This provision of Wisconsin law is sometimes called the “Len Bias Law,” named after a college basketball star who died of a cocaine overdose in 1986, which prompted federal anti-drug legislation.
This charge is tied to first-degree reckless homicide if the person charged caused the death of a human being under any of the following circumstances:
- By unlawfully manufacturing, distributing, or delivering a Schedule I or II controlled substance and the victim dies as a result of using that controlled substance
- By administering or assisting in administering a Schedule I or II controlled substance to another person without lawful authority, and that person dies due to the controlled substance
A defendant who sold, shared, or even jointly purchased a controlled substance that another person later used and died from can be charged with a Class B felony, even when the sale was among friends and no profit was involved.
Anyone along the supply chain can be tried. It does not matter if the drugs changed hands multiple times, and it also does not matter if the person who died mixed the drugs with other drugs or if the drugs sold were mixed with other drugs or substances. Most people charged with homicide under these laws are not high-level drug dealers but the person who last touched the drug before the deceased, usually a friend or relative who was also using the drug. A Milwaukee drug crimes lawyer can guide you on how best to handle your specific situation.
A person may face prosecution for felony murder if they cause another person’s death while committing or attempting to commit specific enumerated felony offenses. Prosecutors can add a charge of felony murder on top of the charge for the felony or attempted felony offense. A conviction for felony murder can impose a sentence of up to 15 years more than the maximum term of imprisonment allowed for the underlying felony crimes or attempted felony offense.
A person commits a second-degree intentional homicide if they intentionally cause another person’s death. A second-degree intentional homicide conviction can also occur if the prosecution fails to prove beyond a reasonable doubt that certain mitigating circumstances did not exist. Second-degree intentional homicide constitutes a Class B felony.
A person commits second-degree reckless homicide if they recklessly cause the death of a human being or unborn. A person recklessly causes a victim’s death when they consciously disregard a substantial risk that their actions will lead to another person’s death. Second-degree reckless homicide constitutes a Class D felony.
An individual may face a homicide prosecution if they know of an animal’s vicious propensities and allow it to go at large or fail to exercise ordinary care in keeping the animal, and the animal, while at large, kills a person who has taken all possible precautions to avoid the animal. A conviction for homicide resulting from negligent control of a vicious animal constitutes a Class G felony.
A person may face prosecution if they cause another individual’s or an unborn child’s death through the negligent operation or handling of a dangerous weapon, explosives, or fire. Homicide by negligent handling of dangerous weapons, explosives, or fire constitutes a Class G felony.
A person can face a homicide prosecution if they cause the death of another person or an unborn child by:
- Operating or handling a vehicle while under the influence of an intoxicant
- Operating or handling a vehicle with a detectable amount of a restricted controlled substance in their system
- Operating or handling a vehicle with a blood alcohol concentration of 0.08 or more (0.02 or more if the person has three or more prior Operating while intoxicated offenses)
- Operating or handling a commercial vehicle with a blood alcohol concentration of 0.04 or more
A conviction for homicide by intoxicated use of a vehicle constitutes a Class D felony with a bifurcated sentence that has an incarceration term of at least five years unless the court finds compelling reasons for an incarceration term of less than five years. However, the offense can become a Class C felony if a person has a prior intoxicated driving conviction, suspension, or revocation.
A person can also face prosecution for a Class D felony if they cause another person’s or an unborn child’s death by operating or handling a firearm or airgun while:
- Under the influence of an intoxicant
- With a detectable amount of restricted controlled substances in their system
- With an alcohol concentration of 0.08 or more
A person may face a homicide charge if they cause another person’s or an unborn child’s death by negligently operating or handling a vehicle. An offense constitutes a Class G felony.
Potential Defense Strategies in Homicide Cases
A person charged with homicide may have various defenses against a prosecution, depending on the circumstances of the case. Common defenses in homicide cases our lawyers employ include:
- Lack of intent, which can reduce the grading of a homicide charge, provides a complete defense to a prosecution
- Mistaken identity or alibi, which argues that someone else committed the homicide
- Self-defense or defense of others
- Lack of proof of a homicide (e.g., no corpse or other proof of the victim’s death)
- Unreliable forensic evidence, such as fingerprints, DNA, or ballistics
- Unlawfully obtained evidence or statements
Furthermore, Wisconsin law recognizes several mitigating circumstances that can reduce the grading of a first-degree intentional homicide charge to second-degree intentional homicide, including:
- Adequate Provocation – A provocation refers to any action a defendant reasonably believes a victim has done which caused the defendant to lack complete self-control when they caused the victim’s death. An “adequate” provocation refers to a provocation sufficient to cause a complete lack of self-control in an ordinarily constituted person.
- Unreasonable Force – A defendant caused the victim’s death because they unreasonably believed they or another person were in imminent danger of death or severe injury caused by the victim, or if the amount of force used was unreasonable.
- Prevention of Felony – A defendant caused the victim’s death because they unreasonably believed it necessary to prevent or terminate the commission of a felony.
- Coercion/Necessity – A defendant caused a victim’s death while under coercion or to prevent an imminent public disaster, death, or severe injury.
Review our case results to better understand how our Wisconsin homicide defense attorneys advocate with a team that shows up for you, takes your side, and fights for real results.
Consequences of a Homicide Conviction
A homicide conviction in Wisconsin can have life-altering consequences for a defendant’s reputation, freedom, and future. First, defendants convicted of homicide charges will face a criminal sentence that may impose penalties such as incarceration and fines. The potential penalties for a homicide conviction will depend on the grading of a defendant’s offense. Possible penalties may include:
- Class A Felony – Life imprisonment
- Class B Felony – Up to 60 years in prison
- Class C Felony – Up to 40 years in prison, a fine of up to $100,000, or both
- 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
Contact Our Law Firm Today to Discuss Your Legal Options
After an arrest for homicide charges in Wisconsin, having an experienced lawyer to provide legal guidance and advocacy is necessary for defending yourself in the criminal justice system. Contact the law office of Nolan Defense Alliance in Milwaukee today for a confidential consultation with a criminal defense attorney to discuss how we will fight to protect your reputation, freedom, and future from the possible consequences of an arrest or conviction.