Tag: homicide

What are the elements of homicide by intoxicated use of a vehicle? All criminal offenses in Wisconsin have certain elements that the government must prove beyond a reasonable doubt at trial.  If the government cannot prove each element, the defendant must be found not guilty.  While most elements are pretty simple, we’re going to provide…

What is “homicide by negligent handling of dangerous weapon, explosives, or fire”? Section 940.08 of the Wisconsin Statutes prohibits negligent handling of a dangerous weapon, explosives, or fire.  The law says: (1) Except as provided in sub. (3), whoever causes the death of another human being by the negligent operation or handling of a dangerous…

What is homicide by negligent operation of a vehicle? Section 940.10 of the Wisconsin Statutes prohibits homicide by negligent operation of a vehicle.  There are two versions of the offense, but the only difference in the status of the victim.  Section 940.10(1) of the Wisconsin Statutes deals with homicide of another human being.  Section 940.10(2)…

What is mutilating a corpse? Mutilating a corpse is a crime prohibited by section 940.11(1) of the Wisconsin Statutes.  The exact language of the statute indicates that it’s a crime when an individual “mutilates, disfigures or dismembers a corpse, with intent to conceal a crime or avoid apprehension…”  As with any criminal offense, there are…

What are mitigating circumstances? Mitigating circumstances reduce a first degree case to a second degree case.  They certainly don’t excuse the underlying criminal conduct.  But the legislature determined that mercy and fairness warrant the reduction in criminal liability.  Mitigating circumstances for a first-degree intentional homicide case include: Adequate provocation.  This focuses on the fact that…

What are mitigating circumstances? Mitigating circumstances are certainly important to consider while defending intentional murder charges.  While they don’t excuse the defendant’s actions, they reduce the offense.  When properly found, the following mitigating circumstances reduce this charge to second degree intentional homicide: Adequate provocation.  The victim’s death was caused under the influence of adequate provocation….

Which felonies qualify for felony murder? The numbers in the statute refer to other crimes.  Felony murder is only a crime when the murder happens in connection with one of those offenses. The offenses include battery, substantial battery, aggravated battery, battery to an unborn child, battery by prisoners, battery or threat to a witness, battery…

What is second-degree reckless homicide? Although first-degree reckless homicide can include varied allegations, second-degree reckless homicide involves two different versions.  The first version involves the murder of another adult.  The second version involves the murder of an unborn child.  No matter whether the murder involves a child or an adult, the penalty if a Class…

First-degree reckless homicide involving drugs Certainly not all first-degree reckless homicide cases carry Class B felony penalties.  In certain cases involving drugs, this murder charge carries with it a maximum penalty of 40 years in prison and/or a $100,000.00 fine (Class C felony).  Frequently criminal defense attorneys and the media refer to these cases as…