In Wisconsin, the term "manslaughter" is no longer used. Instead, the term "homicide" is used for the death of another person and classified according to mental state, intention, whether the accused knew the risks of their conduct toward others, and whether they cared that a death might occur.
For deaths where a person was intentionally killed under mitigating circumstances (such as the accused losing self-control as a result of provocation, self-defense, while preventing a felony from being committed, or as a result of being threatened) Wisconsin uses the charge of "Second-Degree Intentional Homicide."
Facing homicide charges in Wisconsin of any kind is one of the most serious legal situations you can encounter. These charges carry decades in prison and will permanently alter your life if you're convicted.
If you or a loved one has been arrested for second-degree intentional homicide, you're likely scared, confused, and looking for answers. The good news is that strong defenses exist. In this article, we'll discuss the specifics of the charge, penalties, defenses, and next steps.
At a Glance: Second-Degree Intentional Homicide
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Charge: Class B Felony
- Incarceration: up to 60 years in prison
- No Statute of Limitations: Can be prosecuted at any time
- Key Element: Intent to kill with mitigating circumstances
- What to Do Now: Exercise your right to remain silent and contact an attorney immediately
What Is Second-Degree Intentional Homicide in Wisconsin?
When someone kills intentionally but under circumstances Wisconsin law recognizes as partially justified, prosecutors may charge second-degree intentional homicide instead of first-degree.
Wisconsin replaced its old "manslaughter" statutes with this classification, though the charge serves a similar function. While the maximum sentence is 60 years in prison, some defendants face longer sentences when additional criminal conduct occurred alongside the homicide.
The Four Circumstances That Can Change First-Degree to Second-Degree:
- Adequate Provocation (§ 939.44)
- Death was caused under the influence of adequate provocation
- Classic "heat of passion" killing
- Must be provocation that would cause an ordinary person to lose self-control
- Unnecessary Defensive Force
- The actor believed they or another was in imminent danger of death or great bodily harm
- The actor believed the force used was necessary to defend
- BUT either belief was unreasonable
- (If both beliefs were reasonable, it would be justified self-defense, not a crime at all)
- Prevention of Felony
- Death was caused because the actor believed the force was necessary to prevent or terminate a felony
- BUT that belief was unreasonable
- Coercion or Necessity (§ 939.45(1))
- Death was caused in the exercise of a privilege under the coercion/necessity statute
How It's Different from Other Homicide Charges
Second-degree intentional homicide in Wisconsin occupies a unique middle ground—you intended to kill, but mitigating circumstances reduce the charge from first-degree intentional homicide.
While both first-degree and second-degree intentional homicide carry the same Class B felony classification with up to 60 years in prison, second-degree charges signal that the prosecution cannot prove beyond a reasonable doubt that these mitigating circumstances didn't exist.
The difference between voluntary and involuntary homicide all comes down to your state of mind and intentions:
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Intentional homicide means you meant to kill someone—you acted with purpose.
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Reckless homicide means you created an unreasonable risk of death and were aware of that risk, but killing wasn't your objective.
- First-degree reckless homicide involves "utter disregard for human life" and carries no statute of limitations.
- Second-degree reckless homicide involves a death caused by recklessness without "utter disregard for human life," and has a statute of limitations of 15 years.
Understanding which charge you're facing isn't just legal semantics—it's the difference between a 25-year maximum sentence and a 60-year maximum sentence, having mitigating circumstances recognized and having them ignored.
OWI Vehicular Homicide
This is another charge you could face if intoxicants and a vehicle were involved in the incident. Homicide by Intoxicated Use of Vehicle or Firearm (with certain prior OWI-related convictions, suspensions, or revocations) is a Class C felony with up to 40 years in prison and/or a $100,000 fine.
On the other hand, OWI Vehicular Homicide or Second-Degree Reckless Homicide without a previous conviction is a Class D felony with up to 25 years in state prison, maximum fine of $100,000, or both.
Penalties & Consequences of a Conviction
Prison Time
Second-Degree Intentional Homicide is classified as a Class B felony. If convicted, you face up to 60 years in state prison with no statute of limitations—meaning these charges can be brought against you at any time.
Beyond Prison: The Permanent Impact
An intentional homicide conviction creates a permanent criminal record that cannot be expunged in Wisconsin. Criminal convictions carry serious penalties, some of which you may not expect.
Possible consequences of a criminal conviction include:
- Court fees
- Difficulty finding a job
- Probation
- A permanent criminal record
- Suspended driver's license (in OWI-related cases)
- Loss or denial of professional licenses
- Inability to rent or buy a house
Loss of Civil Rights
A major difference between felonies and misdemeanors is the forfeiture of civil liberties. Possible consequences of a felony conviction include loss of:
- The right to possess a gun
- The right to vote during your sentence and probation
- The ability to serve on a jury or hold certain public offices
Possible Defense Strategies for Second-Degree Intentional
While every case is unique, an experienced criminal defense attorney should first and foremost help you fully and clearly understand the charges in front of you and assure you that anything offered by the prosecution is not your only option.
Challenging the Elements of the Charge
Your attorney may challenge:
- Whether you actually intended to kill the victim or another person
- Whether mitigating circumstances existed (such as adequate provocation, unnecessary defensive force, prevention of a felony, or coercion)
- Whether your conduct was the substantial cause of the death
- The reliability and admissibility of evidence collected during the investigation
Investigating Probable Cause and Procedural Violations
Skilled criminal defense attorneys will often begin by thoroughly investigating the underlying details of the case itself and whether or not prosecutors have probable cause to accuse you of a felony during a preliminary hearing. This involves analyzing police and court records to determine if your rights were violated at any point.
If a procedural violation or other mistake was made before trial, a motion hearing can be called to dismiss the charges against you. A skilled attorney will take the time to review all the details of your arrest, searches made by law enforcement, and statements made.
These challenges can make the difference between a conviction with 60 years maximum and a reduction to lesser charges like second-degree reckless homicide (25 years maximum), or even a dismissal of charges altogether.
What to Do (and NOT Do) If You're Facing These Charges
Don't Talk to Police
Exercise your right to remain silent and request an attorney immediately. Anything you say can be used against you, and early statements often hurt more than they help.
Contact an Experienced Wisconsin Criminal Defense Attorney
Time is critical in homicide cases. The sooner you contact an attorney, the more options you may have for your defense. Early investigation can preserve crucial evidence and witness testimony.
The first thing to remember: don't panic. There is help available. The law takes into account many factors that might be significant in your case. Your job is to share all your information honestly with your lawyer. Your lawyer's job is to investigate, collect and present all relevant information appropriately and correctly to the Judge.
How Stangl Law Defends Homicide Cases
Our Track Record
Attorney Patrick J. Stangl has over 30 years of experience defending clients in Madison and across Wisconsin against criminal charges, including homicide. He knows what it takes to build a strong defense and fight for the best possible outcome in your case.
Madison Criminal Defense Attorney Patrick J. Stangl is committed to exploring options for your best defense and has been defending clients across the state since 1991.
Real Case Success Story
Homicide Case Success Story: State of Wisconsin v. R.B.
Attorney Stangl defended a client charged with homicide by intoxicated use of a motor vehicle and homicide by operation of a motor vehicle with a prohibited alcohol concentration charge. A young man was killed as a result of the accident. As a result of the defense he raised, the homicide charges were dismissed and an amended charging document was filed alleging less serious charges.
Don't Wait on Your Homicide Defense Strategy
Intentional homicide charges are among the most serious you can face in Wisconsin. With potentially decades in prison at stake, you need an experienced criminal defense attorney who understands these complex cases and has a proven track record of success.
To this end, Attorney Stangl is pleased to offer at no-obligation a FREE 10-minute consultation to discuss the specifics of your case and take the first step in putting this stressful time behind you.
If there's a way to win your case, Stangl Law will find it.
Stangl Law Offices, S.C.