The prospect of facing a homicide prosecution is petrifying with or without a strong homicide defense. Homicide is defined as the act whereby one human being causes the death of another human being – but, importantly, not all homicides are murders. In Wisconsin, certain types of homicide are criminal, but not all homicide is unlawful. Some homicides are legally justifiable, while others are legally excusable. In either case, the individual who killed another would not be legally culpable for the killing. For this reason, it’s critical that anyone facing criminal charges related to homicide retain an experienced lawyer as soon as possible.
At Hogan Eickhoff, our aggressive Appleton homicide defense attorneys recognize that reading about the potential defenses to homicide will do little to ease the minds of homicide suspects. Nonetheless, just because you are being investigated for or charged with homicide in Wisconsin does not mean you are guilty of murder or manslaughter. Don’t speak with homicide detectives or prosecutors without contacting an experienced Appleton, Green Bay, and Oshkosh homicide defense lawyer at Hogan Eickhoff for your free criminal defense consultation by calling (920) 450-9800 or contacting us online.
Homicide is a broad term used to cover everything from murder to accidental death. Understanding the type of homicide you’ve been charged with is essential for identifying available legal defenses. The following crimes are punishable homicides in Wisconsin:
Only one type of homicide actually requires the intent to kill someone, and most Wisconsin homicide charges arise from reckless, unintentional, or accidental deaths. Further, even if a defendant acted with the intent to kill another, this may not be illegal. There are numerous defenses to even first-degree intentional homicide charges that justify, excuse, or mitigate murder in Wisconsin.
Justification defenses are complete defenses to homicide charges. They arise when the suspect admits that he or she committed the act of which he or she is accused but argues it was the right thing to do because of the existence of certain circumstances. These complete defenses to homicide charges include:
Justification defenses do not apply if the crime prevented by the death was substantially less serious than the homicide crime committed. For example, killing a shoplifter to stop a minor theft would likely not be justified, but killing an armed robber holding up a cashier would generally be justified.
Excuse and mitigation defenses are alternative types of homicide defenses in Wisconsin. These defenses either excuse the crime or mitigate the severity of the crime and punishment for homicide. Some of these defenses are articulated in the Wisconsin murder statute, while others are defenses to most major crimes. These additional defenses include:
Many homicide defenses overlap, and an experienced Green Bay homicide defense lawyer will raise every available defense to homicide charges. Defense to homicide may also include evidentiary, procedural, and constitutional defenses such as excluding illegally seized evidence, challenging the speedy trial clock, and invoking the statute of limitations.
The sooner you retain a top-rated Appleton homicide defense attorney from Hogan Eickhoff, the greater your chances of avoiding or reducing homicide charges. Wisconsin homicide investigations may conclude with a decision not to charge the suspect when a top-rated criminal defense attorney raises a strong homicide defense. Contact an experienced Appleton, Green Bay, and Oshkosh murder defense lawyer at Hogan Eickhoff at (920) 450-9800 or online for your free criminal defense consultation.
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