What Defenses May Apply in a Wisconsin Homicide Case?

 Posted on February 28, 2026 in Criminal Defense

A homicide charge is one of the most serious things a person can face, but being charged doesn't mean there are no options. The law recognizes that not every death involves criminal intent, and Wisconsin law provides several defenses that may apply. It all depends on the facts of your case.

If you or someone you love is facing a homicide charge, our Ozaukee County, WI criminal defense lawyers can help you understand what defenses may be available.

What Are the Different Types of Homicide Charges in Wisconsin?

It helps to know what charges are possible before looking at what defenses apply. Under Wis. Stat. § 940.01, first-degree intentional homicide is the most serious charge in Wisconsin. It means the state believes you meant to kill someone or knew your actions would almost certainly cause death. A conviction carries a mandatory life sentence.

Wisconsin also has second-degree intentional homicide, reckless homicide, and negligent homicide. Each one carries different penalties based on how much intent was involved. The charge you're facing shapes which defenses can be used and how the case moves forward.

Can Self-Defense Be Used in a Wisconsin Homicide Case?

Self-defense is one of the most common defenses in Wisconsin homicide cases. Under Wis. Stat. § 939.48, you have the right to use force, including deadly force, if you reasonably believed it was the only way to stop your own death or serious injury.

Wisconsin recognizes two types of self-defense:

• Perfect self-defense: This applies when your belief that deadly force was needed was reasonable. If it works, you are found not guilty.
• Imperfect self-defense: This applies when you truly believed you needed to use deadly force, but that belief wasn't reasonable to an outside observer. It won't result in an acquittal, but it can lower a first-degree charge to second-degree intentional homicide, which carries a lighter sentence.

The gap between those two outcomes can mean the difference between life in prison and a much shorter sentence.

Does Wisconsin Have a Castle Doctrine?

Wisconsin's Castle Doctrine is part of the self-defense law under Wis. Stat. § 939.48. It says that if someone unlawfully and forcibly enters your home, you are presumed to have acted reasonably if you used deadly force to stop them. You don't have to try to escape your own home before defending yourself.

This protection has limits. It applies to your home – not someone else's. And the prosecution can still try to overcome that presumption with strong enough evidence.

What Other Defenses Can Apply in a Wisconsin Homicide Case?

Depending on the facts, other defenses may be worth exploring:

• Accident: If the death was truly an accident and you had no criminal intent, the state must prove otherwise. Intent is required for intentional homicide charges, and disproving it can be a strong defense.
• Mistaken identity: The state has to prove beyond a reasonable doubt that you were the person responsible. Challenging how you were identified is a valid defense strategy.
• Cause of death: The prosecution must show that your actions were a major factor in the death. Medical experts and forensic evidence can be used to question that connection.
• Mental health: In some cases, your mental state at the time of the offense can be relevant, either as a full not guilty by reason of mental disease defense, or to show you lacked the intent the charge requires.

Why Does the Quality of Your Defense Matter So Much in a Homicide Case?

A homicide case is built on evidence, expert testimony, and skilled prosecution. The state puts serious resources into these cases. The defense has to match that, questioning the evidence, challenging witnesses, and building a clear story that gives the jury reason to doubt the state's version of events.

As of 2026, homicide cases in Ozaukee County are handled through the Ozaukee County Circuit Court in Port Washington. Having someone on your side who knows how they think and how they build a case makes a real difference.

Schedule a Free Consultation With Our Jefferson County, WI Homicide Defense Attorney

If you or someone you love is facing a homicide charge in Wisconsin, Bucher Law Group, LLC can help. Attorney Bucher spent 20 years as the Waukesha County District Attorney. He has personally handled dozens of homicide cases, hundreds of drunk driving offenses, and thousands of serious drug cases, including some of the most high-profile cases in Wisconsin history. That background on the other side of the courtroom gives him a unique perspective.

Call 262-446-9222 to schedule a free consultation with our Ozaukee County, WI criminal defense lawyer today.