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Providing Strong Legal Representation to Clients Facing Serious Charges
Homicide cases are often covered by the media and can garner a great deal of attention, but behind this coverage is a real person who is being accused of one of the most serious crimes someone can be charged with. Facing a homicide charge can be terrifying. There are a lot of emotions involved, and going up against the full weight of the Wisconsin criminal justice system can be overwhelming. Your future and your freedom are at stake. But this isn’t something you need to — or should — go through alone. You need a law firm that has criminal defense lawyers who have successfully represented other clients facing homicide charges and are prepared to fight for your rights.
At West & Dunn, we take these charges seriously. We put our resources and experience to work to advocate for you and ensure you have a strong defense strategy. Call our office to discuss your case and charges and find out how we can help.
What Are Some Homicide Criminal Defense Options?
Homicide charges require the strongest defense strategy possible. What this strategy is depends on the exact details of your case, but below are some potential options:
- Self-defense: This is potentially the most recognized homicide defense. Wisconsin law allows you to use force if you believe yourself to be in imminent danger of serious injury or death. However, the force must also be reasonable for the situation. If you had the sincere belief that someone was a threat to your life, a jury may consider exercising deadly force reasonable in those circumstances.
- Defense of another person: This strategy is similar to self-defense, except instead of you being personally in danger, it’s someone else. For this to be a valid defense strategy, the other person must meet the criteria for self-defense. In general, if the person who was in danger would have been able to use lethal force to protect themselves against the threat, it’s also possible for you to intervene with lethal force.
- An accident or mistaken identity: Homicide charges generally require premeditation, so if you can show that you didn’t intend to kill anyone, you may be able to get the charges dropped or reduced to involuntary manslaughter.
- Insanity: This may be one of the most recognized defenses, but it’s also one of the most misunderstood. Many defendants mistakenly believe that an insanity defense will mean they can go back to their usual lives if they’re acquitted. However, in most cases, those who are found mentally incompetent to stand trial are ordered into involuntary institutionalization in a mental health facility. This is also a very difficult defense strategy to use successfully.
A Wisconsin criminal defense attorney can help you understand the pros and cons of each potential defense strategy and provide counsel on what they believe is the best option for your case.
Is It a Good Idea to Accept a Plea Bargain?
If the prosecution’s case is strong enough that a homicide defense attorney believes a conviction is more likely than not, trying to negotiate a plea bargain may be an option to consider. However, a plea deal is never something you should agree to without the counsel of an experienced criminal defense attorney. A plea deal involves pleading guilty to a criminal charge to avoid a trial. In many cases, the prosecution is willing to reduce the charges or agree to a lesser sentence than you may get from a jury if you go to trial.
For example, the prosecution may agree to lower the charges to manslaughter instead of homicide if you’re willing to plead guilty. A plea deal can be a strategy to consider, but it still involves a conviction on your criminal record and usually still requires significant prison time, so it’s important to discuss this option thoroughly with your attorney if you’re considering it instead of taking your chances on a not guilty verdict.
What Is the Potential Sentence If I’m Convicted?
The potential sentence for a homicide conviction depends on the type of charge. First-degree intentional homicide is a Class A felony in Wisconsin, which carries a potential penalty of life in prison. Other common charges include first-degree reckless homicide and second-degree intentional homicide, both of which are Class B felonies and punishable by up to 60 years in prison. There are also more specific charges, such as homicide by negligent operation of a vehicle or homicide by negligent handling of a dangerous weapon. These are Class G penalties. If convicted, you could be sentenced to 10 years in prison and have to pay a $25,000 fine.
Do I Need Criminal Defense Attorneys?
Simply put, yes. Every defendant who is navigating the criminal justice system in the state of Wisconsin needs dedicated representation from an intelligent criminal defense attorney, but this is even more true if you’re facing charges as serious as homicide. A top criminal defense attorney can be present while you’re being questioned by police to ensure that you don’t inadvertently say something that may incriminate you or otherwise harm your defense.
They also have the knowledge and experience to challenge the legitimacy of evidence, potentially keeping key aspects of the prosecution’s case from being able to be used at trial. Criminal defense law firms also often have their own investigators and other resources to ensure they explore all avenues when it comes to your defense.
The attorneys at West & Dunn are comfortable taking on high-profile cases involving homicide charges. Our team is familiar with how these cases are investigated and prosecuted and the key players, such as the assistant district attorney, and can create a strong defense plan for your particular situation. Call our office at 608-490-9449 to get started.