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Common Criminal Law TermsInvoluntary HomicideThe actual term involuntary homicide does not exist in Wisconsins laws, but several other charges may parallel such a charge depending upon the situation at the time the homicide occurred. For example, if a homicide occurs during a privileged act, a first-degree intentional homicide charge may reduce to a second-degree intentional homicide charge, or the conduct may preclude prosecution. Other parallel crimes may exist, depending upon the circumstances, so it is critically important to discuss the situation with a very experienced criminal defense lawyer right away. Intoxication DefenseIf a person becomes intoxicated voluntarily, the intoxicated or drugged condition is not a defense for criminal recklessness if, had the person not been in that condition, he or she would have been aware that an unreasonable and substantial risk of death or great bodily harm to another person could exist. Justifiable HomicideThe term justifiable homicide does not even exist in Wisconsins laws, but it is sometimes used by non-lawyers to refer to the reasons or causes or situations existing at the time a homicide occurred, such as in the process of self defense or property defense. If a homicide occurs under mitigating circumstances, such as during a privileged act, there may be certain affirmative defenses available to the defendant charged with homicide. Those affirmative defenses ask the court for mercy and special considerations given the circumstances at the time the homicide was committed. In certain situations, the affirmative defenses may preclude prosecution of the homicide because it occurred during particular privileged acts, such as when a police officer commits a homicide while making an arrest. These situations are called mitigating circumstances. Victim CriminalAccording to Wisconsins laws, the fact that the victim also was guilty of a crime, or contributed to the negligent conduct that caused a crime, is not a defense to prosecution. Contact Van Wagner & WoodIf you are under investigation for a crime or drunk driving offense, if you have already been charged with a crime or drunk driving violation, or if you have already been convicted but believe your conviction or your sentence were wrong, call ( locally in Madison, Wisconsin, through Wisconsin) or e-mail ( ) the attorneys at Van Wagner & Wood right away. They will give you a brief but professional first-impression analysis of your case and your situation, which will allow you to take an important first step in defending the case against you. You can also submit information about a criminal offense investigation or charge or a drunk driving OWI investigation or charge for a free case review. |
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