Criminal Law – Degrees of Murder

July 25, 2010

Chances are, if someone is suspected of killing with someone else, and there is ample evidence that the person charged with murder. But what does that mean exactly?

Common Law, murder as unlawful killing of another person with intent or malice defined. Premeditation can be a difficult concept to make your head around wind, but is usually in a killing of several categories (ie, the intention, purpose, serious bodily injury cause, reckless indifference to an unusually high risk of life or abandoned and malignant heart “or intent to commit a dangerous crime or crime murder”).

But it is important to note that the modern law defines murder in many different forms, or diplomas. In addition to defining the various states of these levels in different ways.
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Penalties For Arson in Wisconsin

April 25, 2010



Wisconsin law takes arson very seriously. It is a malicious and highly dangerous crime. In the year 2006, there were approximately 31,000 intentionally set fires across the US, resulting in 305 civilian deaths. To qualify as felony arson, a fire must be set intentionally, but Wisconsin law includes ways to prosecute people who unintentionally set fires through reckless behavior. Here is a quick overview of our state’s fire safety laws, in order of increasing severity.

Negligent handling of burning materials: If you cause a fire by mishandling or failing to supervise a smaller fire, you are guilty of a Class A misdemeanor. This can be punished by up to nine months in prison and/or a fine of up to $10,000. For repeat offenders, the sentence might be up to two years.

Arson of property other than buildings: Intentionally using fire to damage any property, other than buildings, worth more than $100 is a class E felony. This can be punished by up to 15 years in prison.

Unsafe burning of buildings: Sometimes people decide to get rid of old sheds or dangerously dilapidated buildings by simply burning them down. This is legal, provided you do it with the knowledge and cooperation of the fire department. If you burn an old building in a reckless or dangerous manner, you are guilty of a Class D felony. This can be punished by up to 25 years in prison.

Arson of buildings: When a person deliberately sets fire to a building without the owner’s consent, sets fire to their own property to commit insurance fraud, or does either of these with the use of explosives, they have committed a Class B felony. The penalty can be up to 60 years in prison.

Injury caused by arson: Anyone who is injured or suffers property damage due to arson, including municipal employees, can sue the arsonist for treble damages. This means the arsonist will have to pay the injured party three times the cost of the damages suffered.

First degree murder: If an act of arson leads to a person’s death, the arsonist can be charged with first degree felony murder, even if the death was accidental. In Wisconsin, being convicted of a Class A felony carries a mandatory life sentence.

Arson is clearly not a charge to be taken lightly. Because fires are so difficult to control once they are set, arson is an extremely dangerous crime. For more information about Wisconsin’s laws about arson, contact Appleton arson defense attorneys Kohler, Hart & Priebe.

By: Joseph Devine

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Different Types of Murder in Texas

April 1, 2010



When you are being charged with some type of murder, you need to know exactly what you are up against. There are exactly four types of murder that you could be charged with. Two of them have higher consequences than the other two have which is why you need to be aware of what type of murder case you are involved in.

The first type of murder is classified as intent to kill. This type of Texas murder case is usually defined as a time when you set out to kill someone without any premeditation. Usually with the intent to kill also applies the deadly weapon rule which states that if you try to use a deadly weapon on someone, it is technically considered intent to kill that person because of the choice of object used. When there is no premeditation, it is usually considered second degree murder. If you have thoughts ahead of time to kill that person and then you act upon those thoughts, this is considered premeditation which is first degree murder.

The next type of murder in Texas is classified as Intent to Cause Serious Bodily Harm. This means that you were only intending to hurt the person seriously when you actually ended up killing that person. The reason that the murder happened in this case is because of your anger. This type of murder is usually classified as only second degree murder because of your original intent to only hurt the person; not murder the person. The consequences for second degree murder in Texas are usually between 2 and 20 years in prison with a fine of up to $10,000. Depending on how lenient the judge is will determine how severe the punishment is.

The next type of murder is classified as Depraved Heart or malignant heart murder. This is where murder gets a little bit more complicated. This means that you didn’t intend to kill the person and you are only being punished for your unacceptable conduct. This type of Texas murder case is usually classified as a second degree murder in Texas because of the person’s lack of malice toward the person that was murdered. This basically means that you were reckless in your actions and got someone killed in the process.

The last type of murder is fairly basic in its relation to the other types. The last type is classified as a felony murder in Texas. This is defined as someone being killed while the accused is committing some sort of other felony. This type of murder can be punishable with either a first or second degree murder depending on the situation surrounding all the events that took place. There are many different felonies that could go along with this type of murder including arson, rape, kidnapping, and robbery.

By: Joseph Devine

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