Affirmative Defense - Adequate Provocation

Contact Van Severen Law Office regarding adequate provocation and your homicide charges: (414) 270-0202

Adequate provocation is an affirmative defense that reduces 1st degree intentional homicide to 2nd degree intentional homicide. Importantly, this affirmative defense only applies to cases originally charged as 1st degree intentional homicide. It does not apply to other criminal or homicide cases.

Importantly, an affirmative defense is a defense in which the defendant introduces evidence, which, if it survives the appropriate burden of proof, either negates or reduces criminal liability. In this case, the affirmative defense simply reduces the homicide charge from 1st to 2nd degree.

Sometimes it’s difficult to wrap your mind around legal concepts. They might be difficult to understand. That’s one reason why hiring a top criminal defense attorney is crucial to your defense. If you don’t understand what’s going on, how are you supposed to make the right decision? Our criminal defense lawyers will walk you through your case, step-by-step, and will certainly be at your side the entire time. Finally, contact us at (414) 270-0202 and let’s start talking about your case.

What is adequate provocation?

Firstly, a very simple, straightforward statute defines adequate provocation. Specifically, Wis. Stat. sec. 939.44 begins by defining “adequate” and “provocation.”

“Adequate” means sufficient to cause complete lack of self-control in an ordinarily constituted person.
“Provocation” means something which the defendant reasonably believes the intended victim has done which causes the defendant to lack self-control completely at the time of causing death.

The statute goes on and states “Adequate provocation is an affirmative defense only to first-degree intentional homicide and mitigates that offense to 2nd-degree intentional homicide.”

What does all this mean?

Put the definitions together. Is there a provocation and was it adequate? If so, this defense applies. At the initial consultation with one of the criminal defense attorneys at Van Severen Law Office we can begin to figure out whether the defense applies What’s the result for your case? The charge is reduced from 1st degree intentional homicide (a Class A felony) to 2nd degree intentional homicide (a Class B felony).

Importantly, this statute codified what caselaw previously referred to as a crime committed under “heat of passion.”

Contact Van Severen Law Office regarding your homicide case

The criminal defense attorneys at Van Severen Law Office regularly defend individuals facing homicide charges. Whether it’s 1st degree, 2nd degree, intentional, or reckless, we’ve defended cases just like yours. We understand affirmative defenses and we certainly understand the issues involved in an adequate provocation case.

We answer phones 24/7, and your case is certainly serious. Don’t delay. Call us at (414) 270-0202 and let’s start fighting your case.