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First Degree Intentional Homicide

What is First Degree Intentional Homicide?

When you are facing murder charges in Milwaukee or anywhere in Wisconsin, you need the homicide defense lawyers Milwaukee depends upon for homicide defense. A homicide conviction will change your life forever. Choose the Milwaukee criminal defense lawyers at Birdsall Obear & Associates. It will be the most important decision you make. Our Milwaukee manslaughter defense attorneys will work aggressively defend your case.

First Degree Intentional Homicide is a Class A felony in Wisconsin and is the most serious crime in the state. Our Sheboygan and Milwaukee murder lawyers fully understand and will defend the elements that will be presented against you. We understand that a Class A Felony can send you to prison for the rest of your life.

Section 940.01 of the Wisconsin Statutes states: “… whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.”


What must the State of Wisconsin prove to convict defendant of murder?

There are two elements the State must prove (which are components of the crime). Prosecutors must prove these elements beyond a reasonable doubt to proceed with a conviction:

  • That you (the defendant) “caused” the death of the victim
  • That you “intended” to kill the victim or another person

The first element requires that some cause and effect existed between the death of the victim and your actions. Before this cause and effect can be established, it must appear that your actions were a substantial factor in the resulting death. So the question would be, "Was the defendant’s act a substantial factor in producing the victim's death?"

The second element requires that you acted with intent to murder the victim. Under the Criminal Code, the phrase “with intent to kill” means that you had the mental purpose to take the life of another human being, or you were aware that your conduct was certain to cause the death of another human being. Your defense team must fully understand these definitions and be completely prepared to build an intense, powerful homicide defense.

Can mitigating circumstances reduce a sentence?

Mitigating circumstances won't excuse a defendant's actions but they can reduce the offense. Factors that can lessen the severity or culpability of a criminal act, including, (not limited to), the defendant's age or extreme mental or emotional distress at the time the crime was committed, mental retardation, and lack of a prior criminal record. If found, these examples could reduce the charge to second degree intentional homicide.

Second degree intentional homicide is a Class B felony which, upon conviction, you will not spend life in prison. So the penalty is much less severe than a Class A felony.

Can you build a homicide defense if I confessed to the crime?

As in all criminal defense cases, we need to find out if your interrogation was legal. For example, if you weren't read your Miranda rights and questioned, your statement cannot be used in court.

Can we defend my homicide case?

While defending a murder case when there has been a confession is more complex, it's not the end of means. For example, were there witnesses? Are they credible? Do you have an alibi? These are all things to take into consideration and do a lot of groundwork on prior to placing people in front of a jury.

What are Wisconsin penalties for 1st Degree Intentional Homicide?

Mandatory life sentence (eligible for Extended Supervision after 20 years if decided by the court)

Contact the best Milwaukee and Sheboygan Homicide Defense Lawyers.

Call Birdsall Obear & Associates.

Attorneys John A. Birdsall and Kirk B. Obear are Milwaukee criminal attorneys who have won countless cases over the past decades. Their aggressive defense strategy is unsurpassed and has placed them among the best Criminal Defense Lawyers in Milwaukee.

Homicide charges many times carry special circumstances that only the Milwaukee criminal lawyers of Birdsall Obear & Associates will know how to confront, confidently and efficiently... and win your case.

Our Homicide Defense Lawyers in Sheboygan and Milwaukee know how to confront and challenge illegal police action, whether it's improper search technique or other violations, if we find that your constitutional rights were violated, your case could be dismissed.

Our lawyers are simply the best homicide law firm Wisconsin has to offer. Contact our Milwaukee Criminal Attorneys at Birdsall Obear & Associates.

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Milwaukee and Sheboygan Federal Crimes Defense Attorneys in Wisconsin
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Birdsall Obear & Associates

1219 N. Cass Street
Milwaukee, WI 53202

Birdsall Obear & Associates
603 South 8th Street

Sheboygan, WI 53081

Milwaukee Office
1219 North Cass Street, Milwaukee, WI 53202

Sheboygan Office
603 South 8th Street, Sheboygan, WI 53081