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INFO
Accomplice
Arrest
Courts
Wisconsin Circuit Court Websites
Trials
Proof Beyond A Reasonable Doubt
Web Details
Defenses
Affirmative Defenses
Justification
Crimes Against Property
First Degree Intentional Homicide
Under Wisconsin statutory law, a first-degree intentional homicide is a killing of another person or unborn child with the intent to kill and without mitigating circumstances. (If legally defined mitigating circumstances exist, then a first-degree intentional homicide is reduced to a second-degree intentional homicide or precluded from prosecution, depending upon the circumstances).
Wisconsin Law On Homicide
All criminal laws are either based in common law (case law from trials) or statutory law. In some jurisdictions, if the statutes do not provide definition of a crime, then the courts may rely upon the state's common law, or the crime may not be punishable. In most states, the Model Penal Code (MPC), which is a body of law developed by scholars of law, contributes to or serves as a framework for the state's statutory laws. Statutory laws are usually codified and form the state's penal code. In Wisconsin, the Wisconsin State Penal Code is a body of statutes, and although not part of the statutes, jury instructions, which tremendously impact the judicial process.
Intentional Act
Under Wisconsin law, to sustain a charge for intentional first degree homicide, the prosecution must prove that the actor intended his act, and that it was that intentional act that was the substantial cause of the resulting death. In laymen's terms - the defendant's actions need not have been the sole cause of death, and there could be many different actions occuring at the same time, but it was the defendant's act that was the substantial cause of death. A substantial factor may not be the only factor, but usually it is the factor that had it not occured the death would not have resulted.
Mitigating Circumstances
Mitigating circumstances constitute affirmative defenses. In the instance of a first-degree intentional homicide charge, an affirmative defense admits to having caused the resulting death of the defendant's actions, but at the same time, asserts the claim that the defendant was justified or excused was a justification or an excuse.
Under Wisconsin law, if a defendant asserts an affirmative defense (a justification or excuse) for having committed the homcide, he raises that issue at trial, and the prosecution must prove beyond a reasonable doubt that the facts constituing the defense did not exist. If the prosecution fails to prove that the facts as asserted by the defendant did not exist, the jury should find the defendant not guilty.
Information about the office location of Van Wagner &
Wood, the areas of law in which they most frequently represent people,
and the cities and counties where Attorney Chris Van Wagner & Attorney
Tracey Wood most frequently appear are listed below. If you reside outside
of these areas, you may want to call the attorneys at Van Wagner & Wood
to ask if they can help you through representing you or referring you
to a lawyer they know. 
Van Wagner & Wood's office is located at Martin Luther
King, Jr. Blvd. and Doty Street. 10 East Doty is located on the outside
of the first circle surrounding the capitol building. You can park under
the building by entering the parking lot from Doty Street. If you park
under 10 East Doty, the offices of Van Wagner & Wood will validate
your parking ticket so that you do not have to pay to park. If the parking
ramp is full, there are numerous parking places surrounding 10 East Doty,
as well as a public parking ramp on State street.
Appeals & Serious Crimes - Homicide - Murder
Van Wagner & Wood's criminal defense lawyers handle
appeals to both the Appellate Court and the Supreme Court, as well as
both state and Federal court systems for people convicted of a crime who
believe their conviction or sentence were wrong. Most often, the appeals
that they handle are to federal court because very few attorneys handle
these types of appeals; Attorney Chris Van Wagner was a US Attorney in
Wisconsin before entering private practice. Often times, people from across
the United States hire Attorney Van Wagner for a Federal or a state appeal
for serious crimes including homicide, RICO (Racketeering), felony murder,
negligent homicide, vehicular homicide, or sexual assault. Attorney Tracey
Wood handles appeals to Wisconsin State Court of Appeals and Wisconsin
Supreme Court for charges or convictions stemming from a Wisconsin trial.
Federal Crimes
Former Federal prosecutor, Attorney Chris Van Wagner,
handles Federal cases, which includes Federal drug crimes and other Federal
criminal charges.
Drug Crimes
The criminal defense attorneys at Van Wagner & Wood
handle cases involving drug offenses in which the accusation is made by
either a state or a Federal prosecutor, arrests by state officials or
Federal agents, and other drug cases such as those handled by the DEA.
Van Wagner & Wood's criminal defense lawyers represent
people located across the state of Wisconsin in matters involving state
drug charges including the following counties and cities.
Drunk Driving (OWI, DUI, DWI)
Madison (Dane County), Richland Center (Richland County),
La Crosse (La Crosse County), Jefferson (Jefferson County), Wisconsin
Dells (Columbia County and Sauk County), Stevens Point (Portage County),
Dodgeville and Mineral Point (Iowa County), Portage (Columbia County)
and Montello (Marquette County).
Sexual Assault & Sex Crimes
Dane (Madison, Middleton, Monona, Fitchburg), Green (Monroe),
Lafayette (Darlington), Dodge (Beaver Dam, Waupun), Portage (Stevens Point),
Wood (Wisconsin Rapids), Sauk (Wisconsin Dells), Columbia (Columbus),
Richland (Richland Center) and Juneau (Mauston) area.
