Second Degree Intentional Homicide
What is Second Degree Intentional Homicide?
When you are facing murder charges in Milwaukee or anywhere in Wisconsin, you need the homicide defense lawyers Milwaukee depends upon for homicide defense. A homicide conviction will change your life forever. Choose the Milwaukee criminal defense lawyers at Birdsall Obear & Associates. It will be the most important decision you make. Our Milwaukee manslaughter defense attorneys will work aggressively defend your case.
Second Degree Intentional Homicide carries a less severe penalty of 60 years in prison. While this is not a life sentence, it might as well be.
Second Degree Intentional Homicide is analogous to the prior offense of manslaughter. Per Wis. Stat. sec. 940.05:
Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class B felony if: (a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s. 940.01 (3); or (b) The state concedes that it is unable to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist. By charging under this section, the state so concedes.
Second degree intentional homicide (as in other crimes) has certain elements that must be proven beyond a reasonable doubt.
What must the State of Wisconsin prove to convict defendant of Second Degree Intentional Homicide?
There are two elements the State must prove (which are components of the crime). Prosecutors must prove these elements beyond a reasonable doubt to proceed with a conviction:
- That you (the defendant) “caused” the death of the victim
- That you “intended” to kill the victim or another person
The first element requires that some cause and effect existed between the death of the victim and your actions. Before this cause and effect can be established, it must appear that your actions were a substantial factor in the resulting death. So the question would be, "Was the defendant’s act a substantial factor in producing the victim's death?"
The second element requires that you acted with intent to murder the victim. Under the Criminal Code, the phrase “with intent to kill” means that you had the mental purpose to take the life of another human being, or you were aware that your conduct was certain to cause the death of another human being. Your defense team must fully understand these definitions and be completely prepared to build an intense, powerful homicide defense.
Can mitigating circumstances reduce a sentence?
Mitigating circumstances won't excuse a defendant's actions but they can reduce the offense. Factors that can lessen the severity or culpability of a criminal act, including, (not limited to), the defendant's age or extreme mental or emotional distress at the time the crime was committed, mental retardation, and lack of a prior criminal record. If found, these examples could reduce the charge to second degree intentional homicide.
Second degree intentional homicide is a Class B felony which, upon conviction, you will not spend life in prison. So the penalty is much less severe than a Class A felony.
Can you build a homicide defense if I confessed to the crime?
As in all criminal defense cases, we need to find out if your interrogation was legal. For example, if you weren't read your Miranda rights and questioned, your statement cannot be used in court.
Can we defend my homicide case?
While defending a murder case when there has been a confession is more complex, it's not the end of means. For example, were there witnesses? Are they credible? Do you have an alibi? These are all things to take into consideration and do a lot of groundwork on prior to placing people in front of a jury.
What are Wisconsin penalties for 2nd Degree Intentional Homicide?
60 year sentence for Second Degree Intentional Homicide.
Contact the best Milwaukee and Sheboygan Homicide Defense Lawyers.
Call Birdsall Obear & Associates.
Attorneys John A. Birdsall and Kirk B. Obear are Milwaukee criminal attorneys who have won countless cases over the past decades. Their aggressive defense strategy is unsurpassed and has placed them among the best Criminal Defense Lawyers in Milwaukee.
Homicide charges many times carry special circumstances that only the Milwaukee criminal lawyers of Birdsall Obear & Associates will know how to confront, confidently and efficiently... and win your case.
Our Homicide Defense Lawyers in Sheboygan and Milwaukee know how to confront and challenge illegal police action, whether it's improper search technique or other violations, if we find that your constitutional rights were violated, your case could be dismissed.
Our lawyers are simply the best homicide law firm Wisconsin has to offer. Contact our Milwaukee Criminal Attorneys at Birdsall Obear & Associates.