Second-degree intentional homicide is a Class B felony. Wisconsin law defines it clearly – you can be convicted of second-degree intentional homicide if the prosecutor can prove that you caused the death of a person with the intent to kill that person or another person. This differs from first-degree intentional homicide, which is a planned or pre-meditated killing.
Possible Penalties for Second-Degree Intentional Homicide
If you’re convicted, second-degree intentional homicide carries a sentence of no less than 15 years and no more than 60 years. By contrast, a first-degree intentional homicide conviction will send you to prison for a minimum of 20 years and up to life without possibility of parole. If a jury convicts you of either charge, the court will hold a separate sentencing hearing during which a judge will set the sentence.
Defenses for Intentional Homicide Charges
The burden of proof for all criminal offenses in the United States falls on the accuser. Generally, the state of Wisconsin would file these types of charges against someone; that means the state is responsible for proving your guilt to a judge and jury.
Prosecutors, who are lawyers for the state, have access to vast resources, including forensic testing, police reports and witness testimony.
Attorneys on either side may put expert witnesses on the stand to testify. These experts can include doctors, psychologists and forensic experts.
If the state accuses you of intentional homicide, your mental state during the event and the circumstances surrounding it may have something to do with the outcome of your case. However, every case is different, so it’s best to share everything with your Milwaukee criminal defense lawyer so he or she can build the right strategy.
Before You Talk to Anyone
Being arrested is scary, but there’s only one thing you need to remember: you do not have to answer any questions or make any statements until you have an attorney by your side. A lawyer will be able to make sure that nobody is violating your constitutional rights – and the sooner you get in touch with an attorney, the sooner he or she will be able to begin building your defense.