Anyone dealing with a legal matter is likely under an immense amount of stress. However, those facing criminal charges, especially those related to violent crimes, often have the toughest battle to fight, when it comes to securing their freedom. Each state in our nation has their own legislation surrounding homicide cases. It is important to understand the specific regulations in your state so that you can begin to build expectations on what is to come as you move throughout litigation and trial. If you or a loved one has been charged with first degree intentional homicide in Wisconsin, let this article be a resource for you. When armed with the proper knowledge and understanding of their situation, a Wisconsin criminal has a better chance at an optimal outcome for their case.
What is First Degree Intentional Homicide?
First degree intentional homicide is a charge that should not be taken lightly. Unlike other murder cases, the distinguishing factor in this scenario is the clear presence of a motive for the alleged defendant at the time of the incident. Under the existing Wisconsin Statutes, our state lawmakers define first-degree intentional homicide as an act committed when an individual causes “the death of another human being with an intent to kill that person.” The driving force the separates a first degree intentional homicide case from other incidents that may result in death, is the purposeful nature of the act. Though all matters of death are unfortunate, not all are intentional. For example, in manslaughter cases, an accidental death may be caused. These horrific incidents could occur in an accident on the road, or on the job. However, it is important to understand that though the ultimate outcome may be the same, the court will make their decisions based on the actions leading up to the incident. The purposeful, and intentional killing of another person, whether pre-meditated or not, will in most cases fall under the category of intentional homicide.
Wisconsin First Degree Homicide Sentence
Under Wisconsin law, the prosecution must prove beyond a reasonable doubt that the accused person provided the imminent danger of death for their victim. Instances such as the use of unnecessary defensive force can be a substantial factor in producing a guilty verdict in cases involving first degree intentional homicide in the state of Wisconsin. Certain mitigating circumstances can increase the likelihood of a harsh sentence, such as the incident causing the death of an unborn child, assuming that the victim was pregnant at the time of the altercation. With that being said, the charge of first degree intentional homicide is a class B felony in the state of Wisconsin. Being found guilty of a Class A or Class B felony in the state of Wisconsin and beyond, often comes with a rather harsh sentence attached as punishment. If you face such a charge, you are facing a mandatory life in prison sentence.
Affirmative Defense
No one wants to spend life in prison. Unfortunately, we can not travel back in time in order to change the events of the past. What we can do though, is take control of how we move forward. Regardless of the actions that someone may or may not have committed, they still have United States of America. As experienced Wisconsin criminal defense lawyers, we honor your right to a fair trial. Our competent team of attorneys will consult you without judgment, and provide affirmative defenses that will leave you with the best chance of success as your court date approaches. Know that we are truly invested in your freedom, and will do our due diligence to outsmart the prosecution, after years of experiencing their lines of questioning and tactics. Our reputation precedes us, with years of work helping accused defendants just like you beat their charges and move on to live happy and successful lives that are not defined by a record or criminal past. Ensure you avoid conviction of a life-altering charge, by contacting Stroud, Willink & Howard Criminal Defense Group LLC. Our practice is known throughout central Wisconsin for our willingness and dedication to fight for our clients.
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