There are many degrees of murder in Wisconsin. There is first degree intentional homicide, first degree reckless homicide. felony murder, second degree, intentional homicide, second degree reckless homicide, and homicide from a variety of negligent acts including intoxicated driving and use of a firearm.
Below, you will find just two of the charges in Wisconsin for the crime of First Degree Murder.
First-degree intentional homicide is charged when the intent of the actor is to cause death. This offense includes acts intended to cause the death of an unborn child or the woman who is pregnant with an unborn child. This is a Class A felony with severe penalties including a possibility of life imprisonment.
First-degree reckless homicide is charged when a person does not intend but recklessly causes the death of another under circumstances which show an utter disregard for human life. This may include recklessly causing the death of an unborn child or recklessly causing the death of a woman who is pregnant with an unborn child. It also includes death caused by the manufacture, distribution or delivery of certain controlled substances whether the death is caused as a result of using the controlled substance or controlled substance analog by itself or with any compound, mixture, dilutant or other substance mixed or combined with the controlled substance or controlled substance analog. There are a limited number of mitigating circumstances and affirmative defenses to first degree homicide charges which include:
- Adequate provocation. Death was caused under the influence of adequate provocation. "Adequate" means sufficient to cause complete lack of self-control in an ordinarily constituted person. "Provocation" means something which the defendant reasonably believes the intended victim has done which causes the defendant to lack self-control completely at the time of causing death. Adequate provocation is an affirmative defense only to first-degree intentional homicide and mitigates that offense to 2nd-degree intentional homicide.
Unnecessary defensive force. This may also be called self defense or defense of others. It may be used where death was caused because the actor believed he or she or another was in imminent danger of death or great bodily harm and that the force used was necessary to defend the endangered person, if either belief was unreasonable.
Prevention of felony. It is also a defense to first degree intentional murder if the death was caused because the actor believed that the force used was necessary in the exercise of the privilege to prevent or terminate the commission of a felony even if that belief was unreasonable.
Coercion; necessity. Another defense to first degree murder offenses is the argument that the death was caused in the exercise of a privilege such as a threat by a person other than a coconspirator which causes a person to reasonably to believe that his or her act is the only means of preventing imminent death or great bodily harm to him or her self or another. Additionally, it is a defense if pressures from natural physical forces cause a person to reasonably believe that his or her act is the only means of preventing imminent public disaster, or imminent death or great bodily harm him or her self or another to 2nd-degree intentional homicide.
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