Wisconsin Negligent Homicide Defense Lawyers

In Wisconsin, negligent homicide means that the government believes you have caused the death of another person through criminally negligent behavior. The definition of criminally negligent behavior under Wisconsin law has three parts: (1) that you acted in a manner that created a risk of death or great bodily harm to another person; (2) that the risk you created was unreasonable and substantial; and (3) that you should have been aware of that risk. If you’re charged criminally for this act, it’s critical that you contact a Wisconsin negligent homicide defense lawyer immediately.

At Casper Mehlos Law Group, our team of experienced criminal defense attorneys knows what you’re going through. We far too often see the state turn tragic events into criminal accusations. From vicious animal Wisconsin statutes to dangerous driving, the state will use any laws at its disposal to come after you. Fortunately, you don’t have to go through this alone. Being accused of committing homicide is a life-changing event, but we’re here for those who need us the most.

Contact our law firm today for a free consultation.

What Are the Penalties for Negligent Homicide Under Wisconsin Law?

There are several different types of negligent homicides with varying, corresponding penalties. For example, Homicide by Negligent Handling of a Dangerous Weapon is a Class G Felony. This means that, if you are convicted, you could face up to 10 years in prison and/or a $25,000.00 fine. Another example is Homicide By Negligent Operation of A Motor Vehicle, which is also a Class G Felony with the same potential consequences if convicted. A third example is Homicide By Negligent Operation of A Motor Vehicle, Causing Death To An Unborn Child, which is also a Class G Felony with the same possible penalties if convicted.

Similar to other forms of negligent homicide, but defined separately are Homicide By Intoxicated Use of A Motor Vehicle and Homicide By Intoxicated Use of A Firearm. Homicide By Intoxicated Use of A Motor Vehicle is a Class D Felony that carries a maximum penalty of 25 years in prison and/or a $100,000.00 fine. However, it can be a Class C Felony with a maximum prison sentence of 40 years and the same fine amount if convicted. Homicide By Intoxicated Use of A Firearm is a Class D Felony with a maximum sentence of up to 25 years in prison and/or a $100,000.00 fine if convicted.

What Are the Elements of Negligent Homicide Committed in Wisconsin?

To convict you of Homicide By Negligent Use of A Dangerous Weapon, the State must prove three elements beyond a reasonable doubt:

• (1) you handled a dangerous weapon, or an instrument that is either designed to cause death or great bodily harm, or is capable of causing the same level of harm to another based on the manner in which it was used (e.g., a gun, knife, or even a thick cord used to strangle another person);
• (2) that you operated or handled the dangerous weapon in a manner that is criminally negligent (refer to the definition of criminal negligence above), and
• (3) that your operation or handling of the dangerous weapon caused the death of another person, meaning that it was a substantial factor in causing that person’s death.

Homicide By Negligent Operation of A Motor Vehicle requires the State to prove beyond a reasonable doubt three elements:

• (1) that you operated a vehicle;
• (2) that you did so in a manner that constituted criminal negligence (refer to the definition of criminal negligence above), and
• (3) that your act/s of criminal negligence caused the death of another person (meaning the act/acts were a substantial factor in causing the person’s death).

Similarly, you can be convicted of Homicide By Negligent Use of A Motor Vehicle if the State proves beyond a reasonable doubt the same exact elements except that your criminally negligent act/s caused the death of an unborn child.

To convict you of the charge of Homicide By Intoxicated Use of A Vehicle, the State must prove three elements beyond a reasonable doubt:

• (1) that you operated a vehicle;
• (2) that your operation of that vehicle caused the death of another person; and
• (3) you were under the influence of an intoxicant at the time you operated the vehicle, meaning that you either had an amount of alcohol or drugs in your system at the time of the incident that was at or above the legal limit, or you had enough alcohol in your system that you were less able to exercise the clear judgment and steady hand necessary to safely operate a motor vehicle.

Similarly, the State must prove beyond a reasonable doubt three elements to convict you of the offense of Homicide By Negligent Handling of A Firearm:

• (1) that you handled a firearm;
• (2) that your handling of that firearm caused the death of another person (meaning your actions were a substantial factor in causing the death); and
• (3) that you were under the influence of an intoxicant at the time you handled a firearm, meaning that you drank enough alcohol that you were less able to exercise the clear judgment and steady hand necessary to handle a firearm.

When charged with any criminal offense, having an attorney on your side is ideal. However, this becomes even more critical if you’re facing vehicular homicide, homicide by negligent handling of a dangerous weapon, or any other unintentional homicide charge. The law assumes your innocence – at least it’s supposed to. Unfortunately, there are many innocent individuals behind bars. This is why building a defense that a competent person would agree with is so important. Our Wisconsin negligent homicide lawyers can help in this effort.

What Legal Defense Strategies Are Available?

There are many potential defenses that you could use to defend yourself against these types of charges successfully. As an example, in a case alleging Homicide By Negligent Use of A Firearm, you may have an affirmative defense that your conduct was lawfully privileged by an act of self-defense, or that it was an accident depending on the facts of the case.

State v. Watkins, 2002 found that an (“[a]ccident is a defense that negatives intent, and may negative lesser mental elements.” Accordingly, “pointing a gun at another person as a threat of force does not necessarily preclude the possibility of asserting the accident defense so long as the person reasonably believes that such a threat of force is necessary to prevent or terminate what he or she reasonably believes to be an unlawful interference”).

As another example, a defense to Negligent Homicide By Use of A Motor Vehicle may be that you did not cause the death of another. Some fatal automobile accidents are unavoidable regardless of the driver’s actions. Our firm works with leading experts in the use of firearms and automobile reconstruction experts to carefully examine the facts of each case to evaluate each possible defense. Each defense strategy will depend on the specific facts of your case.

Please contact our offices to schedule a consultation with a criminal defense attorney to discuss your case in detail.

Call Our Wisconsin Negligent Homicide Lawyers Today

Under Wisconsin law, it doesn’t matter if a person’s act intended to cause serious harm or death. If an unintended victim dies because of such acts, the state can bring serious criminal charges. Once such a criminal charge is filed, the system is working overtime against you. However, there are a variety of defenses available to those charged – ranging from a lack of legal obligation to clear evidence of an unavoidable accident.

At Casper Mehlos Law Group, our Wisconsin negligent homicide lawyers are here to assist. An accidental homicide is always a tragic event, but this doesn’t always mean it’s a crime. In fact, it may not be a homicide at all. You need a skilled legal professional on your side to help identify the facts and build a case for your innocence. Contact us at (608) 820-8926 to schedule your free consultation. Our law firm is here to help.