First-Degree Reckless Homicide Charges in Wisconsin
Staunch Legal Advocates for Individuals Facing the Most Serious Criminal Charges
The death of another human is never taken lightly in the criminal justice system. This is especially true when someone faces murder charges, but there is a lesser-charged offense known as reckless homicide that a person could face. Prosecutors bring such charges when they believe that a person’s actions recklessly caused the death of a human being. Such charges could result in a Class B felony conviction and decades in prison, so working with criminal defense lawyers is critical when facing first-degree reckless homicide charges in Wisconsin.
At Casper Mehlos Law Group, our experienced legal team has seen what can happen when someone is charged with criminally reckless conduct – particularly when such conduct allegedly resulted in the loss of a human life. If you’ve been arrested, you may also be charged with first- or second-degree intentional homicide – or other serious charges meant to scare you into making a plea deal. However, it’s important that you don’t speak with anyone or make any major decisions before contacting our law firm for a free consultation.
When Can You Be Charged With First-Degree Reckless Homicide?
To simplify things, you could think of first-degree reckless homicide charges as something that occurs when a person shows utter disregard for human life – and their actions result in death. However, the Wisconsin law that covers this crime is much more complex. It deals with the taking of another person’s life, the death of an unborn child, or certain drug crimes that result in the death of another human being. When someone recklessly causes the death of someone in these cases, police have the lawful authority to make an arrest and file charges.
Fortunately, homicide defense lawyers are often experienced in handling these cases. Whether you’re accused of simply engaging in dangerous acts or allegedly provided a controlled substance mixed with dangerous chemicals, working with a lawyer is critical if you’re charged with first-degree reckless homicide. Any homicide conviction will result in serious consequences – with the potential for a 60-year prison sentence for first-degree reckless homicide.
With so much at stake, it would be foolish not to have a legal advocate by your side in criminal court.
What Does the Prosecution Need to Prove?
When someone is found guilty of a Class B felony via a reckless homicide charge, they could face up to 60 years in prison. If the defendant’s act is prosecuted as a Class C felony, they could face 40 years in a state penitentiary. These felony charges also come with significant fines – potentially in excess of $100,000. However, none of these outcomes are likely if the prosecution cannot prove its case. To do so, there are three elements they must establish:
- The defendant caused the death of another individual
- The defendant’s actions were reckless, meaning:
- The conduct in question created a risk of great bodily harm or death
- The risk was substantial and unreasonable, and
- The defendant was aware of the risk when they engaged in such actions
- The defendant’s actions must have shown utter disregard for human life
The prosecution wants to show that the defendant created a dangerous situation that caused a substantial risk of harm and, eventually, death. They may try to overcharge in these situations to scare the defendant – since a murder charge carries far more serious penalties (e.g., life imprisonment). Regardless of the prosecution’s tactics, they will typically seek the maximum penalty, especially if the accused refuses to roll over and accept an unfair plea deal.
Fortunately, you don’t have to go through this alone. The state may believe you showed utter disregard for human life, but they cannot show utter disregard for the law. We’re here to help. Contact Casper Mehlos Law Group today.
How Can You Establish Reasonable Doubt in Your Case?
When someone dies under allegedly reckless circumstances, the criminal justice system will always look for someone to blame. If you’re facing a reckless homicide charge – even as a lesser Class C felony due to controlled substance manufacturing – one of the best ways to avoid conviction is to establish reasonable doubt. This can be done by showing that the prosecution’s evidence isn’t reliable, or it could be enough to argue that the state has not proven its case.
Here are the strategies that have proven most successful at establishing reasonable doubt in these cases:
- Challenge the prosecution’s evidence
- Show that prosecution witnesses are not credible
- Offer alternative explanations that can serve as plausible theories of what happened
- Bring in expert testimony
- Show a lack of motive
- Show that eyewitnesses may have misidentified someone due to external factors
- Highlight any inconsistencies or gaps in the prosecution’s case
However, there are many other legal defenses that have less to do with establishing reasonable doubt. Perhaps prosecutors withheld evidence, or maybe police made procedural errors during an arrest or investigation. It’s possible that a person’s constitutional rights were violated, or it could be the case that the prosecution did not prove all elements of the crime. Whatever the case, working with Madison and Milwaukee criminal defense lawyers may be your best chance at avoiding serious penalties.
Contact our law firm today to learn how we can help.
Contact Our Law Firm for First-Degree Reckless Homicide Charges in Wisconsin
An adult killing another human being is never an ideal outcome. However, it’s also not always a crime. Criminally reckless conduct requires that certain elements be proven by the prosecution, and if they can’t successfully achieve this, then the defendant should not face penalties. Fortunately, you don’t have to go through this on your own. Madison and Milwaukee manslaughter defense attorneys may be able to help.
At Casper Mehlos Law Group, our experienced legal team has the knowledge and experience to fight on your behalf. Maybe you’re accused of distributing a controlled substance analog, or perhaps you’re facing charges related to a prank gone wrong. Whatever the case, the state wants to prove that you created an unreasonable and substantial risk to another human being. We’ll fight to prevent them from doing this.
Contact us at (608) 820-8926 for a free consultation. Our Madison and Milwaukee criminal defense lawyers will work hard to help you overcome first-degree reckless homicide charges in Wisconsin.