Homicide Charges in Wisconsin

Facing a homicide charge is among the most serious legal situations a person can encounter. Wisconsin homicide offenses encompass a range of charges, each defined by different legal standards, mental states, and alleged circumstances. Understanding how these cases are classified and prosecuted is critical to protecting your rights and future.

Overview of Homicide Charges in Wisconsin

Homicide in Wisconsin is not a single offense, but a category of charges that differ based on the accused person’s mental state, the nature of the alleged conduct, and the circumstances surrounding the death. Prosecutors classify homicide cases by evaluating whether the conduct was intentional, reckless, negligent, or connected to intoxicated operation, with each classification carrying different legal standards and consequences.

These distinctions are often heavily contested. Disputes may arise over intent, causation, the degree of risk involved, or whether other factors – such as provocation, self-defense, or intervening causes – alter how the incident should be charged. As a result, homicide cases frequently turn not only on what occurred, but on how the State characterizes the conduct under Wisconsin law.

Understanding how a homicide allegation is classified is central to evaluating exposure, potential defenses, and how a case is likely to proceed through the court system.

Types of Homicide Charges in Wisconsin

Wisconsin law recognizes multiple homicide offenses, each defined by different legal elements, mental states, and factual circumstances. We defend individuals charged across the full spectrum of homicide allegations, including the following:

Intentional Homicide Charges

Reckless and Negligent Homicide Charges

Intoxication-Related Homicide Charges

Each of these charges involves distinct legal standards and potential consequences. More detailed information about the elements and defenses associated with each offense is available on the individual pages linked above.

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What the State Must Prove in Wisconsin Homicide Cases

All homicide prosecutions in Wisconsin share a common foundation. To secure a conviction, the State must prove beyond a reasonable doubt that a death occurred, that the defendant’s conduct caused or contributed to that death, and that the defendant acted with the required mental state for the specific charge alleged.

The precise elements the State must establish vary depending on how the homicide is charged. Some offenses focus on intentional conduct, while others turn on recklessness, negligence, or intoxicated operation. In many cases, disputes arise over causation, the degree of risk involved, or whether intervening factors alter how the conduct should be classified under Wisconsin law.

Because these elements determine both charging decisions and potential exposure, how the State frames its proof is often central to how homicide cases are litigated.


Why Hiring a Wisconsin Homicide Defense Lawyer Matters

Homicide charges carry the most serious criminal consequences under Wisconsin law. These cases involve complex factual disputes, intensive investigations, and high-stakes litigation decisions that can shape a person’s freedom for the rest of their life. Effective representation requires more than familiarity with the statutes—it demands disciplined case analysis, command of expert evidence, and trial readiness from the outset.

Homicide prosecutions frequently rely on forensic evidence, expert opinions, and contested interpretations of intent, causation, or recklessness. The attorneys at Chirafisi Anderson, S.C. understand how these cases are investigated and prosecuted in Wisconsin courts and focus on holding the State to its burden at every stage of the process.

Experience That Matters: We have extensive experience defending individuals charged with homicide and other serious violent felony offenses. These cases often involve competing expert testimony, complex evidentiary records, and significant pretrial litigation.

Evidence-Focused Case Preparation: Homicide cases turn on evidence. We scrutinize forensic reports, autopsy findings, toxicology results, scene reconstructions, and witness statements to identify weaknesses, inconsistencies, and alternative explanations that can undermine the prosecution’s theory.

Trial-Ready Representation: When homicide cases cannot be resolved early, they must be prepared to be tried. Our attorneys approach homicide defense with disciplined motion practice and thorough trial preparation, ensuring readiness to challenge the State’s evidence before a jury when necessary.


Homicide Case Results

  • Negligent Homicide – Dane County (August 2025)

    Result: Not Guilty / Not Guilty by Reason of Mental Disease or Defect (NGI)
  • Attempted Homicide (Postconviction Relief) – Dane County (2024)

    Result: Conviction Overturned; Reduced Charge with Time Served
  • State v. Rittenhouse – Kenosha County (December 2021)

    Result: Not Guilty on All Charges

View more results from Chirafisi Anderson, S.C.


Speak With a Wisconsin Homicide Defense Attorney

If you or a loved one is under investigation or has been charged with homicide in Wisconsin, it is critical to understand the specific allegations being made and how the State intends to prosecute the case. Homicide charges move quickly, involve intensive investigations, and carry consequences that can permanently affect your freedom and future.

The attorneys at Chirafisi Anderson, S.C. provide confidential consultations for individuals facing homicide charges throughout Wisconsin. We are prepared to review the facts, explain the potential exposure, and guide you through the next steps with clarity and discretion.

Frequently asked questions – Homicide Charges in Wisconsin

Intentional homicide requires proof that the defendant meant to cause death. Reckless homicide involves creating an unreasonable and substantial risk of death and acting with disregard for human life.

Yes. Depending on the evidence, charges may be reduced to second-degree reckless or negligent homicide. In OWI-related cases, affirmative defenses under § 940.09(2) may lead to dismissals.

An accidental death may not constitute homicide if there was no criminal negligence or recklessness. A skilled defense can demonstrate that the event was a tragic but unintentional act.

Yes. Wisconsin law permits the use of lethal force when a person reasonably believes it’s necessary to prevent imminent death or great bodily harm.

Do not speak to police without legal counsel. Contact Chirafisi Anderson, S.C. immediately to ensure your rights are protected from the start.