Manslaughter is a serious felony charge in Wisconsin. While it won’t rank as high as first-degree intentional homicide in terms of penalty, those accused of the crime can still face severe punishments. Technically, Wisconsin doesn’t have a manslaughter law in the books; however, it was replaced with the term second-degree intentional homicide.
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- Free consultation available 24/7
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Have you been charged with manslaughter in Wisconsin? Call the Law Offices of Christopher J. Cherella today at (414) 347-9334 or contact us online to meet with our Milwaukee manslaughter attorney!
What are the Different Degrees of Homicide?
First-degree intentional homicide involves premeditation, while second-degree homicide does not. Likewise, this charge also includes mitigating circumstances, meaning factors that might be considered out of mercy or fairness. For example, if a person is murdered in the heat of passion, the crime might be regarded as second-degree intentional homicide.
Voluntary vs Involuntary Manslaughter in Wisconsin
Wisconsin has two degrees of reckless homicide, but only one falls into the involuntary manslaughter category. Under Wisconsin law, if someone negligently causes the death of someone else, this is still considered homicide. For example, if you lose control of an animal and the animal kills a human, you might be charged with Homicide Resulting from Negligent Control of Vicious Animal. It may not have been on purpose, but negligence did result in the death of another person.
What are the Penalties for Manslaughter in Wisconsin?
Second-degree intentional homicide is a Class B felony, which can earn you a prison sentence of up to 60 years. Other crimes, such as an OWI-DUI homicide, would be considered a Class D Felony and can get you up to 25 years and a fine of up to $100,000 dollars. The specifics of the case will usually dictate the severity of the charge.
The circumstances can also dictate some defenses in the statutes. For example, in a case such as homicide by negligent use of a vehicle while intoxicated, it can be argued in some cases that even if the defendant had exercised due care, the death might still have occurred.
Second-degree intentional homicide can only be charged for a valid reason, such as the following:
- Prevention of felony and coercion
- Unnecessary defense force
- Adequate provocation
For example with prevention of a felony, your attorney can argue you wanted to put an end to a felony being committed, which then resulted in the victim's death.
However, to be mitigated to a second-degree intentional homicide, you must admit to killing the victim. It is up to the prosecution to take on the burden of finding proof you have no reason or defense for doing so, however.
Call Our Manslaughter Attorney Today
Whatever the circumstances of your case, let us help. Our skilled Milwaukee violent crimes attorney can help you create a great criminal defense strategy. Attorney Christopher J. Cherella has more than 20 years of legal experience to put to your defense, and he has handled thousands of criminal cases before. He is also a former prosecutor, which means he understands how the opposition thinks. The Law Offices of Christopher J. Cherella also doesn’t operate on a large-scale client basis. We only take a few clients at a time to ensure each of the people we help gets their fair share of attention. Let us use our knowledge, commitment, and resolution to defend your rights and your freedom. Make sure you give yourself the best chance to avoid being charged with a crime that could cost you time and money in addition to your reputation.
Contact the Law Offices of Christopher J. Cherella today to schedule a consultation!
