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Fatal Car Accident Defense

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Milwaukee Fatal Car Accident Defense Attorney

Criminal Defense Lawyers for Car Accident Homicide Charges in Milwaukee, WI

A car accident can turn tragic in an instant, and if you are facing charges related to causing the death of another person, the consequences of a conviction can be life-shattering. There are several different types of homicide charges that may apply if you allegedly killed someone because you drove recklessly or negligently. At Gimbel, Reilly, Guerin & Brown, LLP, we understand that you are likely experiencing confusion, fear, and uncertainty. Our goal is to provide the legal representation you need to navigate this difficult situation. Our criminal defense attorneys can help you determine your best options for addressing these charges and resolving your case successfully.

Criminal Charges Related to Fatal Car Accidents

In Wisconsin, homicide does not only refer to premeditated murder. Homicide charges may apply in multiple circumstances where a person's actions allegedly led to the death of someone else. If a car accident results in a fatality, and you are accused of causing that death, you could be charged with homicide based on your operation of your vehicle. If the accident was caused by recklessness, negligence, or driving under the influence of alcohol or drugs, you may be facing some very serious charges.

Homicide Under the Wisconsin Criminal Code

Under Wisconsin law, there are multiple crimes relating to homicide caused by a car accident. These crimes include:

  • First-degree reckless homicide - This crime, classified as a Class B felony, involves a person recklessly killing another person. An "utter disregard for human life" is required for the offense to reach first-degree status. A conviction may result in a maximum 60-year prison sentence.
  • Second-degree reckless homicide - The only difference between second-degree and first-degree reckless homicide is that a second-degree offense does not involve the accused acting with an "utter disregard for human life." Second-degree reckless homicide is a Class D felony, and a conviction may result in a 25-year prison sentence.
  • Homicide by intoxicated use of a vehicle - This offense involves a person killing another person with their vehicle while under the influence of drugs or alcohol. This is considered a Class D felony for first-time offenders and a Class C felony for second-time offenders. A Class D felony can land someone in prison for up to 25 years, while a Class C felony can lead to a maximum sentence of 40 years.
  • Homicide by negligent operation of a vehicle - This offense involves a person causing someone's death by criminal negligence, which is defined as acting in a way that a person knew would put others at risk of great bodily harm. A conviction for this crime, which is a Class G felony, can land someone in prison for up to 10 years.

Crafting Strong Defense Strategies Against Homicide Charges

Our attorneys will advise you on the best defense strategies that may be used to address the specific factors in your case. We may be able to challenge the prosecution's evidence. For example, we may question the validity of breathalyzer or blood tests to contest claims that you were driving while intoxicated, or we may review the evidence to determine whether you were at fault for causing the car accident in question. We can also help determine whether your constitutional rights were violated during the arrest or investigation.

Upon review of your case, we may explore alternative narratives and work to demonstrate your innocence. Did circumstances exist during the accident that could absolve you of responsibility? Was there a sudden medical emergency? Your attorney will delve into these elements to present a robust defense that casts doubt on the prosecution's claims.

Working to Achieve the Best Possible Outcome to Your Case

The specifics of your case will play a major factor in the types of defenses we may be able to use. A successful defense can lead to reduced charges, alternatives to incarceration, or even a complete dismissal of the case in some situations. Your attorney will be proactive and employ a thorough defense strategy while advocating for your rights and your future.

Contact Our Milwaukee, Wisconsin Car Accident Homicide Defense Lawyer

Facing criminal charges related to a fatal car accident in Milwaukee can feel overwhelming and incredibly isolating. It is important to remember that you do not need to navigate this journey alone. With the high stakes of these charges, the importance of skilled legal representation cannot be overstated.

At Gimbel, Reilly, Guerin & Brown, LLP, we understand that every situation is unique, and we are dedicated to fighting tirelessly for your rights and future. We will work together with you to explore every possible avenue for defense, and we will fight for the best possible outcome to your case. Contact our office at 414-271-1440 to set up a consultation and discuss your case with our attorneys.

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