Charged With An OWI Homicide You Never Intended?
“I may have done something wrong, but I never wanted someone to die.” It’s a tough fact of the law that you can be charged with a crime that you never intended to commit. The prosecutors, judge and jury need to hear your side of the story. At Nicholson, Gansner & Otis, S.C., we will tell your story while standing up for your rights. We are a champion for the underdogs with an outstanding reputation for fierce client advocacy.
We offer free 30-minute initial consultation during which we will discuss your case in a confidential and casual setting. You can expect to find approachable lawyers who care about your future. Lawyers who care more about doing things right than about making an extra dollar. Lawyers who will fight tooth-and-nail to ensure that your rights are protected every single step of the way.
Defending Against OWI Homicide Charges
The emotions that come with OWI homicide charges can be devastating. Perhaps you never intended to drive drunk, you hit someone, and you are facing the criminal justice system for the first time. Even if you knew you were driving home after “one too many,” you never intended to get into an accident and cause a death. We understand what you are going through. We want to help ensure that your voice is heard during this difficult time.
In Wisconsin, homicide while OWI is a Class D felony that can lead to up to $100,000 in fines, 25 years in prison and five years’ license revocation. If this is your second or third OWI, the penalties increase substantially. Yet, there are defenses. We have been able to reduce OWI homicide charges to OWI, remove the prison sentence and even have the court dismiss the charges altogether.
Defending Against Vehicular Homicide Charges
Vehicular homicide is a general term that encompasses several legal charges, including OWI homicide, homicide by negligent operation of a vehicle (“negligent homicide”), and hit-and-run involving a death. Perhaps the most confusing of these charges is homicide by negligent operation of a vehicle.
To convict you of negligent homicide, the prosecution must show that you acted in a criminally negligent manner, causing someone else’s death. This goes beyond normal negligence. Prosecutors need to show that it was substantially likely that your actions could cause death/bodily harm. Unfortunately, this concept is fairly undefined. Wisconsin courts have convicted someone of negligent homicide for causing a fatal accident while texting and driving, and another for running a red light at 50 mph in a 55 mph zone.
Once prosecutors charge you, they will work hard to prove the elements of your case. Our attorneys will work harder to protect you from these serious charges. Two of our attorneys, Nick Gansner and Nate Otis, are former prosecutors who can anticipate how opposing counsel will approach your charges. The other, Jessa Nicholson, has been praised in the news for her effective defense of difficult cases. That combination of trial skill and experience has led to winning results for many of our clients.