Recklessly Endangering Safety Charge in Wisconsin
A recklessly endangering safety charge in Wisconsin is a felony offense. Wis. Stat. § 941.30 provides two different felony classifications depending on the accusations. A first degree recklessly endangering safety charge is a class F felony. A second degree charge is a class G felony. Both a first degree and a second degree charge requires the assistance of a attorney who knows Wisconsin’s recklessly endangering safety charges.
Madison, WI Recklessly Endangering Safety Attorneys
The attorneys at Anderson & O’Connell, S.C. represent individuals charged with recklessly endangering the safety of others. Our attorneys know the law and are dedicated to providing an effective and aggressive defense. If you or a loved one are facing one of these type of charges contact Madison’s recklessly endangering safety attorneys at Anderson & O’Connell, S.C.
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First Degree Recklessly Endangering Safety Charge
A 1st degree recklessly endangering safety charge in Wisconsin is a Class F felony and is punishable by a fine of up to $25,000 and imprisonment of 12.5 years. In order to be convicted of this charge the state must prove the following elements beyond a reasonable doubt:
- The defendant endangered the safety of another;
- The defendant endangered the safety of another by criminally reckless conduct;
- The conduct of the defendant showed utter disregard for human life.
The difference between a 1st degree and 2nd degree recklessly endangering safety charge
The difference between a 1st degree and a 2nd degree is the fact that the conduct showed an utter disregard for human life. An utter disregard for human life is conduct that could seriously result in the life of another being taken. The exact conduct can be difficult to define and is generally left to the jury. In deciding whether or not the conduct showed an utter disregard the jury can consider the following:
- Why the defendant engaged in the conduct;
- How dangerous was the conduct;
- If the defendant should have known the conduct was dangerous;
- Whether the conduct showed any regard for life;
- Any other facts and circumstances related to the conduct
Second Degree Recklessly Endangering Safety Charge in Wisconsin
A second degree recklessly endangering safety charge is a class G felony and punishable by a $25,000 fine and up to ten years imprisonment. Unlike a first degree charge, a second degree does not require a showing of an utter disregard for human life. The state must still prove that the defendant endangered the safety of another with criminally reckless conduct.
What is Criminally Reckless Conduct?
Criminally reckless conduct is defined as conduct that created a risk of death or great bodily harm to another person. The defendant must have been aware that his or her conduct created this risk and that the risk was unreasonable and substantial. Great bodily harm can be an injury that:
- creates a substantial risk of death,
- causes serious permanent disfigurement,
- causes a permanent or protracted loss or impairment of the function of any bodily member or organ,
- or any other serious bodily injury.