There are few crimes that are considered quite as serious as homicide. A murder charge has the power to derail your entire life. This is why an experienced and compassionate legal team is essential in any murder trial.
If you or a loved one has been accused of murder in the Milwaukee area, call Schiro Criminal Defense today. Our dedicated criminal defense team understands the complexities of murder cases and will work tirelessly to protect your rights.
Don't delay – your future is at stake.
What are Homicide Charges and Penalties In Wisconsin?
In Wisconsin, homicide charges can encompass various offenses involving any kind of unlawful killing of another person. These cases are amongst the most stigmatized criminal cases and hold some of the most aggressive penalties.
First Degree Murder
The most severe homicide charge is first-degree intentional homicide, which involves intentionally causing the death of another person with premeditation and deliberation. This offense is punishable by life in prison.
Second Degree Murder
Second-degree intentional homicide involves intentionally causing the death of another person but without premeditation and deliberation. This type of murder carries a maximum penalty of 60 years in prison.
First-Degree Reckless Homicide
First-degree reckless homicide involves recklessly causing the death of another person “under circumstances which show utter disregard for human life.” It is a Class B felony in Wisconsin and can be punished by up to 60 years in prison, including a lengthy term of initial confinement and extended supervision.
Second-Degree Reckless Homicide
Second-degree reckless homicide also involves recklessly causing the death of another person, but without the “utter disregard for human life” element required for the first-degree offense. It is typically charged as a Class D felony and can carry up to 25 years in prison and fines up to $100,000, or both.
Felony Murder
Under Wisconsin’s felony murder rule, a person can be charged with homicide if someone dies during the commission or attempted commission of certain felonies, even if there was no intent to kill. A felony murder conviction can add up to 15 years of additional imprisonment on top of the sentence for the underlying felony, making the total potential exposure extremely severe.
Vehicular Homicide / Homicide By Intoxicated Use Of A Vehicle
Homicide by intoxicated use of a vehicle generally involves causing the death of another person while operating a motor vehicle under the influence of alcohol or drugs. For a first offense, this crime is often charged as a Class D felony, carrying up to 25 years in prison, substantial fines, a mandatory minimum term of confinement in many cases, and long-term license revocation.
Manslaughter and Negligent Homicide
Manslaughter-type offenses in Wisconsin usually fall under negligent or lesser homicide categories, such as homicide by negligent operation of a vehicle or other conduct showing criminal negligence. These charges still carry potential multi-year prison sentences, felony records, and life-long collateral consequences, even if they are not punished as harshly as intentional homicide.
Why Do I Need a Homicide Defense Lawyer?
If you or a loved one has been accused of murder in the state of Wisconsin, choosing an experienced and qualified lawyer with a proven track record is one of the most important things you will ever do. Murder charges are among the most serious offenses in the legal system, carrying severe penalties, including life in prison.
An experienced lawyer is vital in helping guide you through the complex and often predatory legal proceedings that follow a murder accusation, whether that involves drawn-out hearings, plea deals, or appealing a conviction.
Given the high stakes involved in murder cases, entrusting your defense to a skilled and experienced lawyer is essential to safeguarding your rights, protecting your future, and achieving the best possible outcome in your case.
What To Do After You’ve Been Accused Or Charged
Acting quickly and carefully after an accusation can make a critical difference in a homicide case. Anything you say or do can be used against you, and law enforcement is already working to build a case. Keep this information in mind:
- Do not talk to police or investigators about the incident without a homicide lawyer present, even if you believe you can “clear things up.”
- Do not discuss the case on the phone from jail, on social media, or via text, as these communications are often recorded or obtained by prosecutors.
- Contact a dedicated homicide defense lawyer in Milwaukee as soon as possible so your attorney can begin preserving evidence, interviewing witnesses, and advising you before major decisions are made.
- Follow your attorney’s advice about conditions of bail, no-contact orders, and staying away from certain people or locations.
What To Expect When You Hire A Homicide Attorney
Hiring a homicide attorney should bring clarity, structure, and a proactive plan to your case. At Schiro Criminal defense, our homicide lawyers in Milwaukee will walk you through each step so you are never in the dark about what comes next.
- Initial consultation and case evaluation: Your homicide defense attorney will review the charges, police reports, and your version of events, then explain the potential penalties and immediate priorities.
- Investigation and evidence review: The legal team will analyze forensic reports, digital data, witness statements, and law enforcement procedures to identify weaknesses, inconsistencies, or constitutional violations.
- Strategy and negotiation: Your homicide lawyer will discuss possible defenses, pretrial motions, and negotiation options, including efforts to reduce or dismiss charges or avoid the most serious penalties.
- Trial preparation: If your case proceeds to trial, your homicide defense lawyer will prepare you to testify (if appropriate), select a jury, challenge the state’s witnesses, and present expert or lay testimony on your behalf.
Common Defenses Used By Homicide Defense Attorneys
Every homicide case is unique, but experienced homicide attorneys rely on tested defense strategies tailored to the facts, evidence, and applicable Wisconsin statutes. A Milwaukee homicide lawyer will assess which defenses apply in your situation and how to present them effectively to a judge or jury.
Common defenses in homicide cases can include:
- Self-defense or defense of others, arguing that you reasonably believed deadly force was necessary to prevent death or great bodily harm.
- Misidentification or mistaken identity, challenging whether you were the person who committed the alleged act.
- Lack of intent, which can support reducing an intentional homicide charge to reckless or negligent homicide when appropriate.
- Challenging causation, especially in cases involving complex medical issues, preexisting conditions, or multiple actors.
- Suppression of illegally obtained evidence, such as statements taken in violation of your Miranda rights or evidence seized after an unlawful search.
A skilled homicide lawyer will often combine several of these approaches, using experts, investigators, and thorough legal research to weaken the prosecution’s case.
Penalties For Homicide Convictions In Wisconsin
Homicide penalties in Wisconsin depend heavily on the specific charge, your prior record, and any aggravating or mitigating factors, but they all have the potential to alter the course of your life. Convictions commonly involve long prison terms, extended supervision, and permanent felony records, along with collateral consequences like loss of gun rights and severe employment barriers. Potential penalties include:
- First-degree intentional homicide: Class A felony resulting in life in prison.
- Second-degree intentional homicide: Typically a Class B felony resulting in up to 60 years in prison.
- First-degree reckless homicide: Class B felony resulting in up to 60 years in prison.
- Second-degree reckless homicide: Class D felony resulting in up to 25 years in prison and up to $100,000 in fines.
- Homicide by intoxicated use of a vehicle: Typically a Class C or Class D felony resulting in 25-40 years in prison, mandatory minimums may apply.
- Negligent/vehicular manslaughter: Typically a Class G felony resulting in up to 10 years in prison.
Schiro Criminal Defense: Serious Representation For Serious Criminal Charges
For serious criminal charges, trust Schiro Criminal Defense to provide the outstanding legal representation you need to defend your rights and secure the best possible outcome – contact us today at (414) 277-9696 to discuss your case. Our team is ready to protect your future.
