Defending Criminal Charges in Wisconsin

If you're reading this, chances are you or someone you know is facing a homicide charge in Wisconsin. Let’s be clear: there is no more serious charge in the criminal justice system. A conviction could mean decades in prison or even a life sentence without parole.

Homicide cases are aggressively prosecuted in Wisconsin, and prosecutors will do everything in their power to secure a conviction. If you want to protect your future, you need the best defense possible—not just any lawyer who claims to handle criminal cases. Nelson Defense Group is one of the expert and most experienced criminal defense firms in Wisconsin. 

No active working attorney in Wisconsin has won more awards for winning homicide cases than Aaron A. Nelson.  The Wisconsin Association of Criminal Defense Lawyers (WACDL) awards attorneys who have obtained a Not Guilty verdict or dismissal in a homicide case with the “Martin Hanson Advocates Prize. ” Attorney Aaron A. Nelson has won the award a record eight (8) times (2010, 2014, 2016, 2017, 2018, 2020, 23, and 2023).

Before you do anything else, educate yourself. Here’s what you need to know about Wisconsin’s homicide laws, penalties, and why choosing the right defense team is the most important decision of your life.

Under Wisconsin Statutes Chapter 940, homicide is defined as the unlawful killing of another person. The state categorizes homicide offenses based on intent, recklessness, and the circumstances surrounding the death.

The primary homicide charges in Wisconsin include:

• First-Degree Intentional Homicide (940.01) – A premeditated or deliberate killing. This is the most serious homicide charge in Wisconsin, carrying a mandatory life sentence.
• Second-Degree Intentional Homicide (940.05) – A killing with intent but under mitigating circumstances (such as self-defense). This charge carries up to 60 years in prison.
• First-Degree Reckless Homicide (940.02) – Causing death through reckless actions that show an utter disregard for human life. This is a Class B felony, carrying up to 60 years in prison.
• Second-Degree Reckless Homicide (940.06) – A lesser form of reckless homicide where the actions were dangerous but did not demonstrate an utter disregard for life. This is a Class D felony, punishable by up to 25 years in prison and fines up to $100,000.
• Felony Murder (940.03) – If a person dies during the commission of a felony (such as robbery or burglary), you can be charged with felony murder—even if you did not intend for anyone to die. This charge adds extra time to the sentence of the underlying felony, potentially leading to a life sentence.
• Homicide by Intoxicated Use of a Vehicle (940.09) – If someone dies as a result of operating a vehicle while under the influence (OWI), you could face up to 40 years in prison.
  
  If you're facing any of these charges, know this: prosecutors are not interested in giving you the benefit of the doubt. They will seek the harshest possible sentence. Your best chance at fighting back is having a legal team that knows the system inside and out.

Let’s talk cold, hard facts. Wisconsin does not have the death penalty, but it does have some of the harshest sentencing laws for homicide in the Midwest.

• First-Degree Intentional Homicide
  • Statute: 940.01
  • Maximum Penalty: Life in prison (without parole in some cases)
• Second-Degree Intentional Homicide
  • Statute: 940.05
  • Maximum Penalty: Up to 60 years
• First-Degree Reckless Homicide
  • Statute: 940.02
  • Maximum Penalty: Up to 60 years
• Second-Degree Reckless Homicide
  • Statute: 940.06
  • Maximum Penalty: Up to 25 years + $100,000 fine
• Felony Murder
  • Statute: 940.03
  • Maximum Penalty: Life in prison (depending on the felony)
• OWI Homicide / Vehicular Homicide
  • Statute: 940.09
  • Maximum Penalty: Up to 40 years

If you’re thinking, “I didn’t intend for this to happen” or “It was an accident”, prosecutors won’t care. That’s why you need an aggressive legal defense before it’s too late.

There’s no such thing as a “light” homicide charge, but in terms of severity, Second-Degree Reckless Homicide (940.06) is generally considered the least severe.

Even though it’s not as serious as First-Degree Intentional Homicide, it still carries a potential 25-year prison sentence and a massive fine. That’s more than enough to ruin your life.

If you think the system will go easy on you, think again. Without the right defense strategy, you could still spend decades behind bars.

Every homicide case is different. But one thing is always true: where you’re charged matters just as much as what you’re charged with.
The laws governing homicide in Wisconsin may be the same statewide, but how those laws are interpreted, prosecuted, and sentenced can vary significantly from county to county. Each jurisdiction has its own prosecutors, judges, jury pools, and law enforcement tactics, all of which can impact your case.

Why Does This Matter?

• Prosecutors handle cases differently depending on the county—some push for maximum penalties, while others may be open to plea deals or alternative sentencing.
• Judges have unique tendencies when it comes to sentencing and pre-trial motions—knowing their approach can help shape a stronger defense.
• Juries come from different backgrounds and perspectives, influencing how they interpret evidence and testimony.
• Local law enforcement procedures can affect how evidence is gathered and used, and an experienced attorney knows how to challenge weak or improperly obtained evidence.

If your defense attorney doesn’t know the local system, the key players, and the nuances of how cases are prosecuted in your county, you are already at a disadvantage. At Nelson Defense Group, we leverage our extensive trial experience across Wisconsin to craft the most effective defense strategy possible, because in a homicide case, every advantage counts.

Nelson Defense Group has deep, insider knowledge of Wisconsin’s court system, particularly in:

• St. Croix County (Hudson)
• Pierce County
• Polk County
• Dunn County
• Chippewa County

When facing the most serious charges imaginable, you can’t afford a second-rate defense. Nelson Defense Group doesn’t take every case—we take the right cases and fight to win.
Here’s why we are Wisconsin’s elite criminal defense team:

• Decades of trial experience in high-stakes homicide cases
• Deep knowledge of Wisconsin’s criminal justice system
• Aggressive, strategic defense tailored to each client’s case
• Proven record of success in serious felony trials

Nelson Defense Group is a trial-focused, elite criminal defense firm. We don’t take shortcuts, we don’t settle for weak deals, and we don’t back down. We specialize exclusively in criminal defense, handling cases across St. Croix County, Pierce County, and beyond.
Our practice areas cover the full spectrum of criminal defense, including:

• Homicide & Violent Crimes – High-stakes defense for assault, battery, and murder charges.
• OWI/DUI Defense – Fighting to protect your license, your record, and your freedom.
• Sex Crimes – Defending against false accusations and life-altering charges.
• Drug Crimes – Exposing illegal searches and getting charges dismissed or reduced.
• Gun Crimes – Protecting your Second Amendment rights against firearm-related charges.
• Juvenile Defense – Ensuring young defendants get fair treatment, not a ruined future.
• Appeals – Fighting wrongful convictions and seeking justice at the appellate level.

We win cases because we prepare for trial from day one. We know Wisconsin law inside and out, and we fight relentlessly for our clients.

Homicide charges in Wisconsin carry severe penalties, from decades in prison to life without parole. We’ve covered the different types of homicide offenses, their legal definitions, and the harsh sentencing laws under Wisconsin Statutes Chapter 940. We also discussed how local court differences matter and why having the right defense strategy can significantly impact the outcome of your case.

Nelson Defense Group is Wisconsin’s premier criminal defense firm, specializing in homicide, violent crimes, OWI, drug offenses, and appeals. We know the system inside and out, and we fight aggressively to protect our clients from the full force of the law.

If you or a loved one is facing a homicide charge, waiting is not an option. Call Nelson Defense Group today for a confidential consultation—because your defense starts now.