Vehicular Homicide

Van Wagner & Wood, S. C., Criminal Defense Lawyers
vehicular homicide defense attorneys

Under Wisconsin law, vehicular homicide is a homicide by negligent or intoxicated use of a vehicle.

Vehicular homicide is the criminal act of causing the death of another person or unborn child by use or handling of a vehicle. Wisconsin law provides that a conviction requires the state prosecuting attorney must prove certain elements of the crime beyond a reasonable doubt. Vehicular homicide is a Felony, the classification of which is determined by the elements of the crime and other factors such as whether the person was intoxicated or had prior convictions.

If convicted of vehicular homicide, other aggravating factors can be considered during sentencing such as whether a minor passenger was in the vehicle, or if the death occurred during the delivery of a controlled substance - drugs.

Negligent Vehicular Homicide

Sometimes referred to as vehicular manslaughter, accidental homicide with a vehicle, or an unintentional homicide, negligent vehicular homicide is a homicide by negligent use of a vehicle. Criminal negligence is one of the elements of the crime that the prosecuting attorney must prove beyond a reasonable doubt to obtain a conviction. Simple negligence is undue care, such as when a person adjusts a radio station while driving. Criminal negligence is a much higher standard of negligence. (See Chris Van Wagner on Criminal Negligence).

Wisconsin law provides that homicide committed by the negligent operation of a vehicle is a Class G felony.

Vehicular Homicide while intoxicated - drunk driving murder

vehicular homicide with no prior owi convictions

If a person causes the death of another person or an unborn child because of the manner in which he or she handles a private or commercial vehicle while under the influence of an intoxicant, with a detectable amount of restricted controlled substance in his or her blood, or with a prohibited blood alcohol concentration level, then that person can be charged with vehicular homicide, a Class D felony if they have no other prior counting charges against them.

The vehicle may be any motorized transportation device including a car, truck, semi-truck, dump truck, or recreational vehicle, among other less common vehicles.

vehicular homicide with prior owi, refusal, suspension or revocation convictions

If a person causes the death of another person or an unborn child because of the manner in which he or she handles a private or commercial vehicle (or an air gun or firearm) while under the influence of an intoxicant with a detectable amount of restricted controlled substance (drugs) in his or her bloodstream, or with a prohibited blood alcohol concentration level (drunk driving), and the person has prior convictions, suspensions, or revocations, the charge can be increased to a Class C felony. Additionally, other restrictions can apply if a person has prior convictions (please refer to "Challenging Prior Convictions," written by Attorney Tracey Wood).

Negligent Homicide

Negligent homicide is defined by Wisconsin law as a criminal offense that is committed by a person whose negligence is the direct cause of another person's death. Negligence in law occurs when a person does not observe an obligation or duty that is proscribed by law. The law assumes that people will take a reasonable amount of care in all of their actions. Reasonable care is a degree of caution or care that a competent person engaged in the same line of business, work, or activity should or is expected to exercise under similar circumstances. Negligence is then the lack of reasonable care. Criminal negligence is a higher degree of negligence. Negligent homicide can be charged in situations where a person acts in a criminally negligent manner or fails to act where a duty to act exists.

Madison's Best Criminal Defense Lawyers

The criminal defense lawyers of Van Wagner & Wood, Attorney Chris Van Wagner & Attorney Tracey Wood will represent you regardless of the charges. Moreover, those attorneys have the experience, knowledge, intelligence, ability and skill from more than 100 felony crimes tried to verdict, numerous cases that were dropped due to their reputation and ability to negotiate with district attorneys, and more than thirty combined years of experience in handling very serious criminal prosecutions against their clients. For a confidential professional first analysis of the case against you, please contact the criminal defense attorneys at Van Wagner & Wood right away.

Free Confidential initial consultation

If you are under investigation for a crime, or if you have already been charged with a crime, or if you were previously convicted of a crime and believe your conviction or sentence were wrong, contact Attorney Christopher Van Wagner (Chris) or Attorney Tracey Wood right away for a free confidential 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.

Court Approved

In cases where a court appoints an attorney for the defendant, which is not the same as a public defender, a court requires a certain proven level of expertise of the attorney before the court will appoint the lawyer to defend a serious crime. The courts are familiar with the level of expert advice that Attorney Chris Van Wagner gives to his clients and exhibits in the courtroom. For that reason, courts have often appointed Chris to represent clients charged with very serious crimes such as vehicular homicide.

Wisconsin Law - Crimes against life

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If you have been arrested for a crime or drunk driving, call () the attorneys at Van Wagner & Wood right away for a brief, but professional and honest "first impression" analysis of the case against you.