Attempted Homicide and the Prosecution’s Case

 Posted on December 00, 0000 in Criminal Defense

Homicide charges are some of the most serious crimes punished by society because homicide is often an intentional or unlawful taking of a human life, unless it is justified. In most states, including Wisconsin, the death penalty has been abolished. However, if someone commits homicide while also committing federal crimes, even if they lived and committed those crimes in Wisconsin, they could be subject to the death penalty.

Like homicide, attempted homicide is an extremely serious offense that comes with some of the most severe penalties that Wisconsin law has to offer. Attempted homicide occurs only when an individual intends to commit a homicide and tries to carry out the homicide but, for some reason, this individual fails to finish the crime.

Penalties Associated with Homicide in Wisconsin The penalties vary depending on the attempt charge you are facing. If the charge involves attempted first-degree intentional homicide, you may face up to 60 years in prison but if you are facing attempted second-degree intentional homicide, the prison term could be equal or lesser depending on the facts of the case. Defenses Available to Rebut Attempted Homicide Charges The defenses available to a normal homicide case are generally equally available in an attempted homicide case. If some of those defenses are not applicable in your case, the best thing you can do is negate any elements of the attempted homicide charge. The prosecution is required to prove every element of the offense. If the prosecution fails to prove any element beyond a reasonable doubt, the charges can be dismissed or a jury may find in your favor. Thus, if you prove that you did not have the intent to kill or you failed to take the necessary steps to commit an intentional homicide, it will negate an element the prosecution must prove in order to secure a conviction.

Consult an Attorney

If you are being investigated or charged with attempted homicide or murder, you should contact an experienced Milwaukee criminal defense attorney who will aggressively hold the prosecution to its burden and get you the best results possible stemming from your situation.