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Cafferty & Scheidegger, S.C.
Practice Area

Racine Homicide Defense | First, Second, Vehicular

Defense for first-degree, second-degree, reckless, and OWI-related homicide § 940.01-09 in Racine, Kenosha, and Walworth since 1994.

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Need a Racine or Kenosha Homicide Attorney?

At Cafferty & Scheidegger, S.C., in Racine and Kenosha Wisconsin, we don’t back down from the most complex and serious criminal defense charges, homicide.

Homicide is the killing of a human being due to the act or failure to act of another. Wisconsin criminal law differentiates between different types of homicides and whether these are intentional or reckless acts. The attorneys at Cafferty & Scheidegger use a network of well-known experts in the fields of forensic science, DNA, fingerprint, accident reconstruction, psychology, and more to counter the prosecution’s assessment of the facts.

If you are under investigation for any degree of manslaughter or murder charges, it is imperative that you have experienced professional legal defense on your side as soon as possible. Our firm is recognized among the region’s pre-eminent criminal defense firms for serious felony charges.

Which Wisconsin Homicide Statute Applies

Wisconsin charges homicide across a graduated set of statutes. The one the District Attorney files determines the sentencing tier and the elements we defend against.

  • § 940.01: First-degree intentional homicide. Causing death with intent to kill. Class A felony, mandatory life imprisonment.
  • § 940.02: First-degree reckless homicide. Conduct creating an unreasonable and substantial risk of death, with awareness of that risk. Class B felony, up to 60 years.
  • § 940.05: Second-degree intentional homicide. Intentional killing with a mitigating circumstance such as adequate provocation. Class B felony, up to 60 years.
  • § 940.06: Second-degree reckless homicide. Recklessness without the heightened mental state required for first degree. Class D felony, up to 25 years.

Self-defense is codified in Wisconsin at § 939.48. If the State cannot disprove a reasonable self-defense claim beyond a reasonable doubt, the defendant is entitled to acquittal. The difference between first and second degree, or between intentional and reckless, is often the most important issue in the case.

Why Work With Cafferty & Scheidegger?

Mr. Cafferty has more than 32 years of experience fighting to protect the rights of people charged with society’s highest crimes. The team at Cafferty & Scheidegger have successfully handled more than 50 trials involving all degrees of homicide in state and federal courts in Southeastern Wisconsin:

  • First degree murder
  • Second degree murder, manslaughter
  • Negligent homicide, reckless homicide
  • OWI homicide, drunk driving fatal accident
  • Self-defense, justifiable homicide

Homicide Defense by Charge

Every homicide prosecution in Wisconsin is driven by which statute the District Attorney files. Each of these sub-pages walks through elements, penalties, and defense angles for a specific charge:

Homicide is the most serious charge in a broader category of violent-crime defense we handle:

Contact an Experienced Racine and Kenosha Homicide Lawyer

From the Cafferty & Scheidegger offices in Kenosha and Racine, our criminal defense lawyers defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin. Contact the firm to arrange a free initial consultation with an experienced murder defense lawyer right away. You are welcome to call or text us 24 hours a day at 262-632-5000.

Frequently Asked Questions

What is the difference between first-degree and second-degree intentional homicide in Wisconsin?
Both require proof of intent to kill. First-degree (§ 940.01) is a Class A felony with mandatory life imprisonment. Second-degree (§ 940.05) is a Class B felony with up to 60 years. The difference is mitigation: if the jury finds adequate provocation, unnecessary defensive force, or prevention of a felony under § 940.01(2), the charge reduces from first- to second-degree. Establishing one of those mitigators is often where the case is decided.
Does Wisconsin have a manslaughter charge?
Not by that name. Wisconsin replaced the common-law manslaughter framework with a graded homicide structure. What other states call voluntary manslaughter is second-degree intentional homicide (§ 940.05). What other states call involuntary manslaughter is first-degree reckless homicide (§ 940.02) or second-degree reckless homicide (§ 940.06), depending on culpability.
Is self-defense a complete defense to a homicide charge?
Yes, under § 939.48, if the defendant reasonably believed deadly force was necessary to prevent imminent death or great bodily harm. Wisconsin also recognizes a castle-doctrine presumption of reasonableness for force used in a home, motor vehicle, or place of business. If the belief was actual but unreasonable, imperfect self-defense, the charge reduces rather than resulting in acquittal.
Can a drug-overdose death be prosecuted as homicide?
Yes. Under § 940.02(2), a defendant who delivered a controlled substance that caused a death can be charged with first-degree reckless homicide by drug delivery, a Class B felony. Fentanyl cases have accelerated this prosecution pattern in Wisconsin. Defenses focus on the delivery element (joint-purchase vs. delivery), substantial-factor causation, and chain of custody.
What happens if an OWI causes a death?
A first-offense OWI is a civil forfeiture. The same stop with a fatality becomes homicide by intoxicated use of a vehicle (§ 940.09), a Class D felony with up to 25 years of prison exposure, without any OWI priors. See our dedicated § 940.09 defense page.
How long do you go to prison for homicide in Wisconsin?
Depends on the statute. First-degree intentional homicide under § 940.01 is the only Wisconsin charge with mandatory life imprisonment. First-degree reckless homicide (§ 940.02) and second-degree intentional homicide (§ 940.05) are Class B felonies with up to 60 years. Second-degree reckless (§ 940.06) is a Class D felony, up to 25 years. Homicide by intoxicated vehicle (§ 940.09) is also Class D, up to 25 years. Homicide by negligent vehicle operation (§ 940.10) is Class G, up to 10 years. Within those caps, judges set bifurcated confinement plus extended supervision under § 973.01.
Can a homicide charge be reduced or dismissed in Wisconsin?
Yes, more often than the public realizes. The most common reductions we negotiate or litigate: first-degree intentional (§ 940.01) reduced to second-degree intentional (§ 940.05) on a successful mitigation showing (provocation, imperfect self-defense, prevention-of-felony belief); first-degree reckless (§ 940.02) reduced to second-degree reckless (§ 940.06) when the State cannot prove utter disregard; and intentional charges reduced to reckless theories when intent-to-kill evidence is thin. Outright dismissals happen on suppression of a confession, failed identification, or successful self-defense under § 939.48.
Should I plead guilty to a homicide charge?
Almost never as a first response. The State has the burden to prove every element beyond reasonable doubt. On first-degree intentional homicide (§ 940.01) the conviction is mandatory life, so a guilty plea forfeits the only meaningful sentencing lever. Even on reduced charges, a plea without first attacking causation, intent, identification, mitigation, suppression, and lesser-included instructions surrenders the leverage that drives every favorable resolution. Talk to a defense lawyer before any plea discussion.
Does a homicide conviction stay on your record forever in Wisconsin?
Yes. Expungement under § 973.015 is available only for offenses with a maximum penalty of six years or less; every Wisconsin homicide statute exceeds that ceiling. A homicide conviction is permanent on state and federal background checks, triggers lifetime federal firearm prohibition under 18 U.S.C. § 922(g)(1), and forecloses most professional licenses, federal employment, and immigration relief.
How much does a Wisconsin homicide defense lawyer cost?
Homicide defense engagements run as a flat fee at the highest end of our range because of the case complexity: multi-week trial, expert witnesses (forensic pathology, accident reconstruction, toxicology, ballistics), investigator costs, often months of pretrial motion practice. The specific quote depends on the charge class, the evidence volume, and whether the case is likely to go to trial. Public defenders are an option for clients who genuinely cannot afford private counsel; every other defense engagement is structured as a flat fee tied to the work the case actually requires.

Why Choose Cafferty

Free Consultation

From our offices in Racine and Kenosha Wisconsin, the criminal defense lawyers at Cafferty & Scheidegger defend the rights of people charged with state and federal criminal offenses throughout Southeastern Wisconsin (Racine, Kenosha, Walworth). If you or a loved one is charged with a crime, contact us today to arrange a free initial consultation with an experienced Racine criminal defense attorney right away. For urgent matters, you are welcome to call or text us 24 hours a day at (262) 632-5000.

We Defend You

The attorneys at Cafferty & Scheidegger have excellent knowledge of the state and federal court system throughout Southeastern Wisconsin. They are aggressive trial lawyers that are recognized for integrity and hard work. Our law firm’s strength lies in our exceptional pre-trial investigation and case preparation. We come to the prosecutor’s office prepared with the facts and ready to help you get the best possible outcome for your charges. Our priority is always to keep you out of jail and avoid a conviction on your record, whenever possible.

Proven Experience

The dedication of the team at Cafferty & Scheidegger to client service and their record of success has earned them listings as Wisconsin Super Lawyer® from 2008 - 2026. In addition, their reputation for high standards has earned them an AV Distinguished rating by Martindale-Hubbell. Cafferty & Scheidegger is backed by more than 32 years of trial skills and courtroom experience.

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