vehicular homicide

Under Wisconsin laws, the more commonly known crime of vehicular homicide is codified as Homicide by Negligent Operation of Vehicle. A vehicular homicide is the commission of a homicide of another person or unborn child by the negligent operation or handling of a motor vehicle.

Vehicular Homicide Penalties

If a person is convicted of causing the death of another person or an unborn child (see Wisconsin & Born Alive Rule), they are guilty of a Class G Felony offense.

aggravating factors increase penalties

A court can imposed additional penalties if other aggravating factors existed at the time of the homicide. For example, if the homicide occurred during or in the process of a delivery of a controlled substance, or if a minor child was present in the vehicle at the time of the vehicular homicide, the court can impose stricter punishment such as a longer period of time of incarceration in prison (imprisonment).

criminal negligence element of vehicular homicide

Wisconsin law proscribes vehicular homicide, and includes in the elements of the crime the mental state of criminal negligence. Negligence occurs when a person fails to exercise ordinary care; they may lack care and concern for their actions, but the disregard for others is unintentional. Simple negligence is then undue care and consideration of the outcome of one's actions, such as if a person reaches to adjust the volume of a radio in a car and an accident occurs. Criminal negligence, however, is equivalent to gross negligence and a higher standard of negligence. Criminal negligence may exist if the situation is one in which the circumstances are substantially likely to cause bodily injury or death.

causation element of vehicular homicide

It is not enough for the prosecution to only prove that the defendant acted in a criminally negligent manner; the prosecution must also prove that the defendant's criminal negligence was the substantial cause of death.

Causation is the process of correlating actions to outcomes. It must be shown that one caused the other, and in the case of a vehicular homicide trial, the cause must be substantial. A person can act in a criminally negligent manner and not cause a death, or not be the substantial cause of death.

If for example a person is criminally negligent, and a death occurs, the question that must be answered is if the person's negligent conduct was a substantial factor to the resulting death. Under Wisconsin laws, if a jury has a reasonable doubt as to whether or not the defendant was the substantial cause of the resulting death, they must then acquit.

While reasonable doubt is the burden of proof in a vehicular homicide trial, the fact remains that many jurors vote to convict a person despite reasonable doubt, and people are sentenced to prison every day who are innocent of the charges. Vehicular homicide charges often mandate the highest possible experience from the criminal defense lawyer, and you should, too.

Vehicular Homicide defense lawyers

Very few criminal defense attorneys ever defend a person against a Wisconsin Vehicular Homicide charge, and even fewer attorneys who know the exhiliation of an outright acquittal, yet the attorneys at Van Wagner & Wood have won many not guilty verdicts for their clients. (See also: Vehicular Homicide Acquittals).

If you are under investigation for a vehicular homicide, if you have been arrested on charges by the state of Wisconsin, or if you have already been convicted of vehicular homicide and believe your conviction or sentence were wrong, please contact the attorneys at Van Wagner & Wood for a brief but professional "first-impression" analysis of your case. By placing your trust in the experienced and diligent hands of Van Wagner & Wood, you can rest reassured that you have done all you can do to defend yourself and let those attorneys do the hard work.

Contact Van Wagner & Wood