Second Degree Intentional Homicide Defense in Wisconsin

Charged with Second-Degree Intentional Homicide under Wis. Stat. § 940.05? If you or someone you love faces a homicide charge, contact Chirafisi Anderson, S.C. immediately to begin building a defense.

(608) 250-3500

What the Law Says About Second Degree Intentional Homicide

Under Wis. Stat. § 940.05, Second Degree Intentional Homicide occurs when a person causes the death of another human being with intent to kill, but mitigating circumstances prevent a conviction for First Degree Intentional Homicide.

The mitigating circumstances that reduce the offense from first degree to second degree are set forth in Wis. Stat. § 940.01(2) and include:

  • Adequate provocation (acting under intense emotion triggered by provocation).
  • Unnecessary defensive force (an unreasonable but genuine belief in the need for deadly force).
  • Prevention of a felony (using excessive force while trying to stop a felony).
  • Coercion or necessity (acting under threats or extreme pressure).

If the State cannot disprove these mitigating circumstances beyond a reasonable doubt, the charge is reduced from first degree intentional homicide (§ 940.01) to second degree intentional homicide (§ 940.05).

Unlike first-degree, the prosecution in second-degree cases concedes it cannot meet the higher burden of proving the absence of mitigation.

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

To convict a defendant of Second Degree Intentional Homicide under Wis. Stat. § 940.05, the State must prove each of the following elements beyond a reasonable doubt:

  1. The defendant caused the death of another person.
    • “Cause” means the defendant’s actions were a substantial factor in producing the death.
  2. The defendant acted with intent to kill that person or another.
    • “Intent to kill” means having the mental purpose to take a life or being aware that the conduct was practically certain to cause death.

Unlike reckless-homicide charges, intentional homicide focuses on the actor’s purpose, not just the risk created.

These elements are detailed in Wisconsin Jury Instruction – Criminal 1050 Second Degree Intentional Homicide.

Penalties and Sentencing for Second Degree Intentional Homicide in Wisconsin

Second Degree Intentional Homicide is classified as a Class B felony under Wisconsin law and carries substantial prison exposure.

  • 60 years in Wisconsin state prison
  • Extended supervision, restitution, and lifetime firearm prohibition

Sentencing considerations include the nature of the mitigating circumstance, the defendant’s character and criminal history, the circumstances of the offense, and the need to protect the public.

Although the charge reflects mitigation from First Degree Intentional Homicide, courts still treat Second Degree Intentional Homicide as one of the most serious offenses in Wisconsin criminal law. Demonstrated mitigation, lack of prior record, and strong community support can play a critical role in sentencing outcomes.

Second Degree Intentional Homicide Attorney in Wisconsin Free Consultations
REQUEST A FREE AND CONFIDENTIAL CONSULTATION
New Website Intake

Common Scenarios That Lead to Second Degree Intentional Homicide Charges

Second Degree Intentional Homicide charges often arise from intense, rapidly evolving situations where prosecutors allege intent to kill, but the surrounding circumstances mitigate culpability. Common scenarios include:

  • A domestic dispute where one person acts under provocation or perceived threat
  • A bar fight or road-rage incident escalating unexpectedly to lethal force
  • A killing during a misjudged act of self-defense
  • Situations where coercion or necessity influenced the defendant’s actions

These cases frequently turn on context – what the defendant perceived, the immediacy of the threat, and whether the conduct reflected intent formed under mitigating circumstances.

Defenses and Legal Strategies for Second Degree Intentional Homicide

Second Degree Intentional Homicide cases hinge on intent, causation, and the mitigating circumstances that reduce culpability. An effective defense focuses on what the State can actually prove—and whether the evidence supports mitigation, self-defense, or reasonable doubt.

Key defense strategies include:

  • Challenging proof of intent. The defense may argue that the alleged conduct was reckless or impulsive rather than intentional.
  • Disputing causation. Evidence may show that the defendant’s actions were not the substantial factor causing death.
  • Asserting self-defense or defense-of-others. The defendant may have acted to protect themselves or another from imminent harm.
  • Arguing coercion or necessity. A person forced to act under threat or extreme circumstances may not be criminally responsible.
  • Exposing unreliable evidence. Inconsistencies in witness accounts, police reports, or forensic analysis can create reasonable doubt.

Check out some of the results our attorneys have obtained in violent crime cases across Wisconsin: Criminal Case Results

Why Hiring a Homicide Defense Lawyer Matters

Facing a Second Degree Intentional Homicide charge places your freedom and future at immediate risk. Although the charge reflects mitigating circumstances, it still carries decades of prison exposure and lifelong consequences. These cases demand a defense strategy that addresses intent, causation, mitigation, and the credibility of the State’s evidence from the very beginning. Early involvement by experienced homicide defense counsel is critical.

Local Experience matters. The attorneys at Chirafisi Anderson, S.C. regularly defend homicide and other serious violent felony cases throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Dodge, Green, Iowa, and Sauk Counties. We understand how local prosecutors evaluate mitigation, self-defense claims, and charging decisions in intentional homicide cases.

Proven track record of results. Chirafisi Anderson has obtained charge reductions, dismissals, and acquittals in complex violent-crime and homicide prosecutions throughout Wisconsin. From pretrial motions to jury trials, our attorneys know how to expose weaknesses in the State’s case and present compelling defenses grounded in fact and law.

Recognized legal excellence. Our firm’s attorneys are recognized by Super Lawyers® and respected by state and national criminal-defense associations. Our reputation for meticulous preparation and courtroom skill gives clients confidence that their defense is in capable hands.

Contact Chirafisi Anderson, S.C.

A Second Degree Intentional Homicide charge demands immediate and strategic legal action. Although mitigating circumstances may apply, these cases still carry decades of prison exposure and permanent consequences. An experienced homicide defense attorney can intervene early to protect your rights, challenge the State’s evidence, and present compelling mitigation.

Chirafisi Anderson, S.C. represents individuals charged with Second Degree Intentional Homicide and other serious violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.

(608) 250-3500 Schedule a Free Consultation

Frequently asked questions – Second Degree Intentional Homicide in Wisconsin

Second-degree intentional homicide involves the same intent to kill but occurs when mitigating factors—like provocation, coercion, or an unreasonable belief in self-defense—reduce the level of culpability. It acknowledges intent but recognizes human circumstances that lessen blame.

The prosecution must show that the defendant intentionally caused another person’s death — meaning they had the mental purpose to kill or knew their actions were practically certain to cause death.

Common defenses include self-defense, defense of others, coercion, necessity, or challenging whether the defendant truly acted with intent to kill.

It’s a Class B felony, punishable by up to 60 years in prison. Sentencing often depends on aggravating and mitigating factors, such as the defendant’s intent, the presence of provocation, or prior record.

Do not speak with law enforcement without an attorney present. Contact Chirafisi Anderson, S.C. immediately to protect your rights and begin building a defense before charges are filed.