Common Defenses for Homicide Charges in Wisconsin

A person facing prosecution for homicide in Wisconsin may pursue various defense strategies to undermine the strength of the prosecution’s case and seek a dismissal, acquittal, or a jury verdict on a lesser included offense. Let’s explore some of the most common defenses raised in Wisconsin homicide cases.

Self-Defense

In Wisconsin, a person may claim self-defense. Wisconsin's self-defense laws allow individuals to use force against another person to prevent or terminate what they reasonably perceive as unlawful interference with their person by the other individual. In other words, people may use force to protect themselves from injury caused by another individual's aggression or violent behavior if they reasonably believe the other individual's actions threatened their life or safety.

However, a valid exercise of self-defense requires a person to use a level of force proportional to the force used upon them and necessary to protect themselves from injury. In a homicide case, a person must prove that they faced a threat of severe or fatal injury to justify the use of deadly force in self-defense. 

Defense of Others

Self-defense laws also entitle people to use force to protect others from the violent behavior of third parties. For example, a person may intervene in a violent altercation to protect the victim from further harm. However, the same limits on the degree of force in a self-defense claim apply to a defense of others.

Lack of Intent

A defendant may avoid conviction or reduce the grading of their charge by claiming they lacked the state of mind required by the charged homicide offense. For example, first-degree intentional homicide requires the prosecution to prove the defendant intended and premeditated the murder. However, a defendant might argue that the victim's death resulted from a tragic accident or that the victim's conduct provoked a "passion" in the defendant that prevented them from forming the necessary intent for first-degree intentional homicide. 

Mental Illness

Defendants might pursue an "insanity" defense to obtain a verdict of not guilty by reason of mental disease or defect. A successful insanity defense may allow a defendant to avoid incarceration. However, the court may order the defendant committed to a psychiatric hospital or facility for treatment of the defendant's mental illness. An insanity defense requires a defendant to prove that they had a mental illness that prevented them from understanding the difference between right and wrong or appreciating the nature and consequences of their conduct.

Alibi/Mistaken Identity

Defendants may challenge the prosecution's evidence identifying them as the perpetrator of a homicide, such as DNA or forensic evidence, video footage, or eyewitness testimony. Alternatively, a defendant may present alibi evidence to show that they were elsewhere when the homicide occurred, and thus, they could not have committed the crime.

Contact a Homicide Defense Lawyer Today

If you’re facing homicide in Wisconsin, get the experienced legal advocacy you need to vigorously defend your rights and interests. Call Cohen Law Offices today at 715-514-5051 for a confidential consultation with a criminal defense attorney to discuss your options for fighting homicide charges.