{"id":377312,"date":"2016-03-31T21:37:19","date_gmt":"2016-04-01T02:37:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-first-degree-murder.html"},"modified":"2020-08-28T13:21:52","modified_gmt":"2020-08-28T18:21:52","slug":"wisconsin-first-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-first-degree-murder.html","title":{"rendered":"Wisconsin First-Degree Murder"},"content":{"rendered":"\n
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Wisconsin First-Degree Murder<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

First-degree murder is the most serious of homicide offenses in Wisconsin. It’s punished by life imprisonment only, as Wisconsin abolished the death penalty in 1853<\/a>. Although, after the Jeffrey Dahmer<\/a> case, there was a brief movement to reinstate the death penalty.<\/p>\r\n

Essentially, first-degree murder<\/a> is the intentional killing of another. However, if a person can show one of the four statutory defenses apply, then the charge is lowered to a charge of second-degree intentional homicide.<\/p>\r\n

Felony Murder<\/h2>\r\n

In some states, felony murder<\/a> or causing the death of another while committing or attempting to commit a serious violent crime (battery, sexual assault, false imprisonment, kidnapping, arson, burglary, carjacking, and robbery) is a part of first-degree murder. In other states, it’s considered second-degree murder. In Wisconsin, felony murder has its own statute, section 940.03<\/a>, and at most the punishment is 15 years more in prison than the maximum term of imprisonment for the underlying crime committed or attempted.<\/p>\r\n

Wisconsin First Degree Murder Laws: Statute<\/h2>\r\n

Details on Wisconsin’s first-degree murder law are outlined below.<\/p>\r\n\r\n

Code Sections<\/b><\/p>\r\n<\/th>\r\n

Wisconsin Statutes Section 940.01: First-Degree Intentional Homicide<\/a><\/p>\r\n<\/td>\r\n<\/tr>

What Is Prohibited?<\/b><\/p>\r\n<\/th>\r\n

First-degree murder in Wisconsin is to cause the death of another human or an unborn child with the intent to kill that person, or for a fetus an intent to kill the pregnant woman or unborn child. Note that the defendant doesn’t need to be the only cause of the person or unborn child’s death, only a substantial factor in the victim’s death.<\/p>\r\n<\/td>\r\n<\/tr>

Penalty<\/b><\/p>\r\n<\/th>\r\n

First-degree intentional homicide is a Class A felony<\/a>, which can be sentenced to only life imprisonment.<\/p>\r\n

If the killing is lowered to second-degree intentional homicide<\/a> for any of the reasons listed in Defenses below, then it’s a Class B felony with a sentencing maximum of 60 years in prison. For many people, long prison sentences are the equivalent of life in prison.<\/p>\r\n<\/td>\r\n<\/tr>

Defenses<\/b><\/p>\r\n<\/th>\r\n

This law provides for four mitigating circumstances<\/a>, which are affirmative defenses that turn the offense to the lower level second-degree intentional homicide. If a defendant asserts any of these affirmative defenses, the prosecutor must prove beyond a reasonable doubt that the facts for the defense(s) raised didn’t exist in order to get a guilty verdict. The four mitigating circumstances are:<\/p>\r\n