Facing a homicide charge in the Milwaukee area can be an incredibly overwhelming experience. The legal system is complex, and the potential consequences–life in prison or even the death penalty–are severe. If you or a loved one has been charged with homicide in Wisconsin, you need a skilled and experienced attorney by your side.
At Singleton Law Firm, we understand the gravity of homicide accusations. Our Waukesha homicide defense lawyers are dedicated to providing aggressive and compassionate legal representation for anyone facing these life-altering charges.
Homicide Charges In Wisconsin
Homicide is a broad term encompassing various degrees of murder and manslaughter. Understanding the specific violent crime charges you face is crucial.
First Degree Intentional Homicide
This is the most serious homicide charge, carrying a potential life sentence. It applies to killings with premeditation or involving specific felonies like kidnapping or robbery with or without a weapon. The prosecution will have a high burden of proof to establish that the defendant acted with premeditation, meaning they planned the killing in advance.
These charges typically come with extremely high monetary costs as well. From attorney fees to mandated fines, you could be looking at tens of thousands of dollars or more for a first degree homicide case.
Second Degree Intentional Homicide
This involves intentional killings without premeditation. Penalties can include significant prison sentences, ranging from up to 60 years for the most serious cases down to a minimum of six years. The key distinction from first-degree intentional homicide is the lack of premeditation. However, the prosecution may still argue that the defendant's actions showed a "depraved mind" capable of murder, potentially elevating the charge to first-degree.
It is especially important in any kind of intentional homicide case to choose the right legal team to protect your rights so that this does not happen to you.
First Degree Reckless Homicide
This occurs when someone recklessly causes a death, with a disregard for the safety of others. Potential consequences include long prison terms, ranging from up to 35 years in prison.
Examples of reckless behavior that could lead to a reckless homicide charge include driving under the influence of alcohol or drugs, or engaging in a dangerous activity while knowing it could cause serious harm to others. It is important to note that intent to kill is not required for a reckless homicide conviction.
Second Degree Reckless Homicide
Similar to First-Degree reckless homicide, second-degree reckless homicide involves causing a death through reckless behavior. However, the key difference lies in the degree of recklessness. In second-degree reckless homicide, the defendant exhibits a lower level of disregard for human life compared to first-degree.
Second-degree recklessness involves creating a situation of unreasonable risk of death or great bodily harm, where a reasonable person would recognize the potential for danger. This recklessness can manifest through actions or inactions. For example, driving while intoxicated but not at a speed significantly exceeding the limit might fall under this category.
Vehicular Homicide
This involves a death resulting from operating a vehicle under the influence of alcohol or drugs, or with reckless disregard for human life.
Wisconsin’s Felony Murder Rule
Wisconsin's felony murder rule adds another layer of complexity. Under this rule, someone can be charged with homicide even if they didn't directly cause the death, if the death occurred during the commission of a specific felony such as robbery or arson.
The key distinction with other homicide charges is the concept of "mens rea," which refers to the mental state of the defendant. Typically, in homicide cases, the prosecution needs to prove the defendant intended to kill or acted with a reckless disregard for human life.
However, under the felony murder rule, the focus shifts to the underlying felony itself. As long as the felony was being committed, and a death resulted, the defendant can be charged with homicide regardless of their specific intent towards the death itself.
Why Choose Singleton Law Firm?
When your future is on the line, choosing the right legal representation is critical. Here at Singleton Law Firm, we believe everyone deserves a strong defense, regardless of the circumstances. Our attorneys will work tirelessly to investigate your case, explore all legal options, and fight for the best possible outcome.
We understand that navigating a homicide charge can feel overwhelming. Don't face this alone. Contact Singleton Law Firm today to schedule a consultation with one of our experienced Milwaukee homicide defense lawyers.
