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Homicides in Brookfield, Wisconsin, fall under one of 8 different classifications. First-degree homicide could be penalized as a Class A felony, which has a maximum penalty of life in prison.
Waukesha Homicide charges carry significant potential prison time penalties. Different levels of offense carry different levels of punishment; however some murder charges carry a mandatory sentence of life in prison. Other murder charges have lesser penalties that do not require a mandatory sentence of life in prison.
First Degree Intentional Homicide is a class A felony that carries a mandatory sentence of life in prison. Second Degree Intentional Homicide is a class B felony that carries a maximum term of imprisonment of up to 60 years.
First Degree Reckless Homicide requires a showing of utter disregard for human life. First Degree Reckless Homicide is a class B felony that carries a maximum term of imprisonment of up to 60 years. Second Degree Reckless Homicide is a Class D Felony that carries a maximum penalty of up to 25 years in prison, a $100,000 fine, or both.
Negligent homicides have varying levels of maximum penalties, but all include the potential for decades of prison time.
In addition to decades or even life in prison, a conviction for any homicide charge in Waukesha will result in a loss of your firearm rights for the rest of your life, and your voting rights until you complete your sentence.
Reckless homicides require that the person charged with the offense caused the death of another through reckless conduct.
Negligent homicides require the State to prove that the defendant caused the death of another person through negligent behavior. Some examples of negligent homicide charges include Homicide by Intoxicated Use of a Vehicle or Firearm, Homicide by Negligent Operation of a Motor Vehicle, and Homicide by Negligent Handling of a Dangerous Weapon.
Murder charges in Waukesha do not require that a person acted with the purpose of killing another individual. In fact, under Wisconsin's Len Bias laws, a person can be charged with First Degree Reckless Homicide if they caused the death of another human being by delivery of a controlled substance. Therefore, if you are charged with supplying drugs to a person who overdoses and dies from the use of that drug, you can be charged with first-degree reckless homicide.
How long do homicide charges stay on my record?
Convictions for any murder charge in Waukesha will remain on your record permanently. There is no mechanism to remove a murder charge from your record. It may be possible to seek a pardon for these types of offenses. However, it is extremely rare for a pardon board to grant a pardon to someone convicted of murder.
How to beat a homicide charge
In order to convict you of a homicide charge in Waukesha, the State would have to prove all of the elements of the offense against you beyond a reasonable doubt. If you are charged with an intentional homicide, the State would have to show that your intent at the time of your actions was to cause the death of another. Reckless homicide charges require that the state prove beyond a reasonable doubt that your conduct was likely to result in the death of another and you knew that your conduct was likely to result in death. Any offense that requires the state to prove the mental state of the person charged can be very difficult for the state to prove. Our Waukesha defense attorneys will review your case to determine the possibility of challenging the evidence the State intends to use to show that mental state.
Other common defenses to homicide charges include challenging whether the defendant's actions are the cause of death of the other person. For example, in a Len Bias homicide, the State must show that the drugs you delivered were actually the drugs that contributed to the death of the person.
Contact our team of award-winning former prosecutors to discuss the options for defenses in your murder charge.
