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How is Vehicular Homicide Prosecuted in Wisconsin?
In the event of a tragic accident involving someone’s death, there is a possibility, depending on the circumstances, that the driver may face a charge of vehicular homicide. In Wisconsin, this charge can arise in a situation where the driver caused either the death of another human being or unborn child while operating or handling a motor vehicle. A driver who faces charges of vehicular homicide should hire an experienced Wisconsin criminal defense attorney to fight these allegations, which carry serious penalties under the law.
Types of Vehicular Homicide
How a vehicular homicide charge is prosecuted in Wisconsin will depend on the facts of the incident. There are different crimes relating to a death caused by a car accident, including:
Homicide By Intoxicated Use of a Vehicle
When a crash ends in a person’s death, the driver involved in a crash while under the influence of drugs or alcohol may be charged with homicide by intoxicated use of a vehicle. This is the most common type of vehicular homicide charge in Wisconsin. Drivers who have a prior Operating While Intoxicated (OWI) or DUI (Driving Under the Influence) offense will be charged with a Class C felony, which carries a penalty of up to 40 years in jail. Drivers who have no prior OWIs or DUIs will be charged with a Class D felony, which can land someone in prison for up to 25 years.
First-Degree Reckless Homicide
This charge requires the prosecution to prove that the driver demonstrated an "utter disregard for human life," such as by taking part in a high-speed chase. This type of vehicular homicide is classified as a Class B felony, which can be punished by up to 60 years in jail.
Second-Degree Reckless Homicide
Second-degree reckless homicide charges do not involve acting with "utter disregard for human life." They are classified as Class D felonies with a possible prison sentence of up to 25 years.
Homicide by Negligent Operation of a Vehicle
If charged with homicide by negligent operation of a vehicle, a defendant will face a Class G felony, which carries a prison sentence of up to 10 years in jail. To prove that a defendant is guilty of the crime of negligent operation of a vehicle, the prosecution must prove beyond a reasonable doubt that:
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The driver/defendant was operating the vehicle.
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The driver operated the vehicle in a criminally negligent way.
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The driver’s criminal negligence caused the death of the victim.
Aggravating Factors
If aggravating factors existed during the time of the crime, a court can impose higher penalties. Aggravating factors are elements that the court looks at as making the crime more serious. These are things such as a situation where vehicular homicide occurred while delivering drugs or other controlled substances, or driving recklessly when a minor child was present.
Contact a Milwaukee, WI Criminal Defense Lawyer
A vehicular homicide charge can carry serious penalties of anywhere from 10 to 65 years in jail. At Gimbel, Reilly, Guerin & Brown, LLP we believe that a defendant is innocent until proven guilty and we fight aggressively to protect our clients. Call us at 414-271-1440 today to consult with a Wisconsin vehicular homicide defense attorney who cares about the outcome of your case.
