Homicide

Homicide (Murder)

The terms "homicide" and "murder" are often used interchangeably, however, Wisconsin law distinguishes them. Murder is the taking of another person's life during the commission of another felony crime, and homicide is the taking of another person's life regardless of whether another crime is being committed.

Wisconsin law includes categorical definitions for intentional homicide, negligent homicide, reckless homicide, murder, and conspiracy, as well as other forms of homicide, such as homicide resulting from the negligent control of a vicious animal, or homicide by the use of a vehicle while intoxicated (often times referred to as vehicular homicide) or a firearm (such as a hunting death).

Intentional Homicide
Wisconsin law defines intentional homicide as the taking of another person's life with intent to take a life. Intentional homicide may be charged in the first degree or the second degree.

First Degree Intentional Homicide
Under Wisconsin laws, first degree intentional homicide as the taking of another person's life with intent to take a life, or the taking of the life of an unborn child with intent to take that unborn child's life. As well, the victim need not be the intended victim.

First Degree Intentional Homicide Penalties
First degree intentional homicide is a class A felony punishable by a sentence of life in prison.

Mitigating Circumstances To First Degree Intentional Homicide
If mitigating circumstances existed at the time that the homicide occurred, the prosecution must disprove the mitigating circumstances. If the prosecution is unable to disprove mitigating circumstances, then the charge may be lessened to second degree intentional homicide.

Second Degree Intentional Homicide
Wisconsin law defines second degree intentional homicide as the intentional taking of another person's life, or the life of an unborn child. As with first degree intentional homicide, the victim of the homicide need not be the intended victim.

Second Degree Intentional Homicide Penalties
Wisconsin law provides that any person found guilty (include those who plead guilty and no contest) may be charged with a class B felony punishable by up to 60 years in prison.

Mitigating Circumstances
Wisconsin law does not provide the affirmative defense of mitigating circumstances to second degree intentional homicide.

Affirmative Defense Defined
An affirmative defense is a part of the defendant's response to the court to answer to the charges that the prosecution alleges the defendant committed. Those defenses can contest the facts of the case against the defendant, assert that there were mitigating circumstances, or use other legal principles to explain the situation at the time of the alleged crime.

Mitigating Circumstances Defined
Mitigating circumstances refers to some outside influence that occurred at the time that the homicide was committed. Mitigating circumstances do not justify homicide; rather, they explain that there is a legal defense to the charge.

A successful affirmative defense of mitigating circumstances can result in reducing the charge against the defendant, and in some situations, can preclude prosecution for the crime, such as when a person kills another person as a means of defending himself or another person.

In Wisconsin, a person may claim an affirmative defense to first degree intentional homicide for adequate provocation, unnecessary defensive force, prevention of a felony, coercion or necessity, and acts under another statute or law of the state.

Non-criminal Homicide
Some homicides are not a crime. For example, a person would most likely not be charged with criminal homicide if the situation at the time that the death occurred involved a car accident or a hunting accident. A person who kills another person to defend himself or another person is unlikely to be charged with criminal homicide.

Not all non-criminal homicides are unintentional. In some situations, a homicide can occur that is both non-criminal and intentional, such as when a police officer kills an alleged assailant.

Capital Punishment
The term "capital crime" refers to a homicide. Capital punishment is a sentence to death, and is imposed in some states for capital crimes. Wisconsin has not legalized capital punishment. However, it has been now, and routinely is presented to the legislature for consideration.

What To Do
If you are under investigation for homicide, or if you have been charged with homicide, you have the right to remain silent and have your attorney present during questioning. If you facing criminal charges, please contact the attorneys at Sisson & Kachinsky* for a free initial consultation.