First Degree Intentional Homicide – Wisconsin Defense Attorneys

Charged with First Degree Intentional Homicide under Wis. Stat. § 940.01? This Class A felony carries a mandatory life sentence and is the most serious criminal charge under Wisconsin law. These cases demand immediate, experienced legal representation.

(608) 250-3500

What the Law Says About First Degree Intentional Homicide

Under Wis. Stat. § 940.01, a person commits First Degree Intentional Homicide when they cause the death of another human being with the intent to kill that person or another. The statute applies whether death occurs immediately or later as a result of injuries caused by the defendant’s conduct, and intent formed even an instant before the act is legally sufficient.

The statute also applies to causing the death of an unborn child when the defendant acts with intent to kill the unborn child, the pregnant woman, or another person. Learn more about homicide in Wisconsin and different types of charges.

What the State Must Prove to Convict on First Degree Intentional Homicide

To convict a defendant of First Degree Intentional Homicide under Wis. Stat. § 940.01, the State must prove each of the following elements beyond a reasonable doubt:

  1. The defendant caused the death of another person — meaning their actions were a substantial factor in causing the death.
  2. The defendant acted with intent to kill that person or another — meaning they had the mental purpose to take a life or knew their conduct was practically certain to do so.

The State is not required to prove motive. Intent may be inferred from the defendant’s actions, statements, use of a weapon, or the surrounding circumstances.

These elements are detailed in Wisconsin Jury Instruction – Criminal 1010 First Degree Intentional Homicide

When First Degree Intentional Homicide Can Be Reduced to Second Degree

Wisconsin law recognizes limited mitigating circumstances that may reduce First Degree Intentional Homicide to Second Degree Intentional Homicide under Wis. Stat. § 940.05. These mitigating circumstances do not justify the killing but may diminish the defendant’s culpability.

Mitigating circumstances include:

  • Adequate provocation – The death occurred in response to provocation that would cause a reasonable person to lose self-control.
  • Unnecessary defensive force – The defendant unreasonably, but genuinely, believed deadly force was necessary for protection.
  • Prevention of a felony – The defendant unreasonably believed force was needed to prevent a felony.
  • Coercion or necessity – The killing occurred under compulsion or threat, as recognized under Wis. Stat. § 939.45(1).

Once evidence of a mitigating circumstance is raised, the State must prove beyond a reasonable doubt that it does not apply in order to sustain a conviction for first-degree intentional homicide.

Penalties and Sentencing for First Degree Intentional Homicide in Wisconsin

First Degree Intentional Homicide is classified as a Class A felony, the most serious criminal offense under Wisconsin law.

  • Life Imprisonment
  • Extended supervision or parole: may be granted at the court’s discretion but is not guaranteed.
  • Other consequences: lifetime firearm prohibition, loss of voting rights until reinstatement, and classification as a “violent serious offender” affecting confinement and parole eligibility.

Given the mandatory life sentence and the gravity of the charge, First Degree Intentional Homicide cases are among the most complex and high-stakes criminal proceedings in Wisconsin.

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Common Scenarios Leading to First-Degree Intentional Homicide Charges

First Degree Intentional Homicide charges can arise from a wide range of factual situations where prosecutors allege a deliberate intent to kill. Common scenarios include:

  • A domestic altercation that escalates to deadly violence.
  • Shootings following disputes, road-rage, or retaliatory acts.
  • Felony-related deaths where intent to kill is alleged.
  • Gang or drug-related violence involving premeditated acts.
  • Confrontations where prosecutors argue “utter disregard for human life” showed deliberate killing intent.

Defenses and Legal Strategies for First Degree Intentional Homicide

Every First Degree Intentional Homicide case turns on intent, causation, and whether mitigating circumstances apply. Effective defense strategies are highly fact-specific and often include:

  • Challenging intent – showing the defendant lacked the mental purpose to kill or believed force was necessary for protection.
  • Arguing self-defense or defense of others – particularly when deadly force was used in response to perceived danger.
  • Presenting mitigation evidence – establishing adequate provocation, coercion, or necessity to reduce the charge.
  • Attacking causation – questioning whether the alleged act was the true cause of death.
  • Highlighting reasonable doubt – exposing inconsistencies in witness testimony or forensic conclusions.

Why Hiring a First Degree Intentional Homicide Defense Lawyer Matters

Facing a First Degree Intentional Homicide charge is the most serious legal situation a person can encounter in Wisconsin. A conviction carries a mandatory life sentence and permanent consequences that affect every aspect of your future. These cases demand immediate, strategic defense focused on intent, causation, mitigation, and the reliability of the State’s evidence. Early involvement by experienced homicide defense counsel is critical.

Local Experience matters. The attorneys at Chirafisi Anderson, S.C. regularly defend homicide and other high-level violent felony cases throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Dodge, Green, Iowa, and Sauk Counties. We understand local charging practices, investigative approaches, and how courts evaluate life-sentence cases.

Proven track record of results. Our firm has obtained dismissals, acquittals, and charge reductions in homicide and serious violent-crime prosecutions by challenging intent, asserting self-defense and mitigation, and exposing weaknesses in forensic and witness evidence.

Recognized legal excellence. Attorneys at Chirafisi Anderson, S.C. are consistently recognized by Super Lawyers® and are active members of respected state and national criminal defense organizations, reflecting a commitment to rigorous preparation and effective trial advocacy when the stakes are at their highest.

Homicide Case Result

  • State v. Rittenhouse – Kenosha County (December 2021)
    Result: Not Guilty on All Charges

View additional case results here.

Contact Chirafisi Anderson, S.C.

If you’ve been charged — or are under investigation — for first-degree intentional homicide anywhere in Wisconsin, contact our firm immediately. Call Chirafisi Anderson, S.C. today for a free consultation to discuss your case with an experienced homicide defense lawyer.

(608) 250-3500 Schedule a Free Consultation

Frequently asked questions – First Degree Intentional Homicide in Wisconsin

First-degree requires proof of intent to kill without any mitigating circumstances. Second-degree applies when adequate provocation, coercion, or another mitigating defense reduces culpability.

Yes, self-defense can apply if you reasonably believed deadly force was necessary. Even if the belief was unreasonable, it may mitigate the charge to second-degree.

No. The prosecution must prove intent to kill, not the reason why the act occurred.

Intent means the defendant either meant to cause death or knew their conduct was practically certain to cause it.

Yes. Any confession obtained in violation of Miranda rights, coercion, or without proper procedure can be suppressed before trial.