If you face a first-degree reckless endangerment charge in Wisconsin, you may worry about prison time and your future. This serious felony involves putting another person’s safety at risk. However, prosecutors must prove more than the fact that your actions created danger. Knowing the difference between first- and second-degree charges can help you understand what you’re facing.
What must prosecutors prove?
Under Wisconsin law, prosecutors must prove three elements beyond a reasonable doubt:
- You endangered another person’s safety.
- You acted with criminal recklessness. This means your actions created a substantial and unreasonable risk of great bodily harm or death, and you were aware of that risk.
- Your actions took place under circumstances demonstrating utter disregard for human life.
Great bodily harm includes injuries that pose a substantial risk of death or cause serious, lasting physical harm.
Utter disregard for human life means showing an extreme lack of concern for someone’s life. Courts may consider how dangerous your actions were, why you acted and whether you tried to protect others. These factors help determine whether your actions showed the level of disregard required for a first-degree charge.
How does first-degree differ from second-degree charges?
Both charges involve reckless actions that put someone in danger. However, first-degree charges require proof of utter disregard for human life.
Second-degree charges do not have this added requirement. They are classified as a less serious felony.
What penalties can a conviction carry?
First-degree reckless endangerment is a Class F felony. You could face up to 12 years and six months of imprisonment, a maximum $25,000 fine or both.
The maximum sentence includes up to seven years and six months in prison, followed by up to five years of extended supervision. During supervision, you must follow certain rules after your release.
Second-degree reckless endangerment is a Class G felony. It carries up to 10 years of imprisonment, a maximum $25,000 fine or both.
Understand the allegations before your case moves forward
A first-degree reckless endangerment charge does not automatically mean a conviction. Prosecutors must prove every required element, including utter disregard for human life. A Wisconsin criminal defense attorney can review the accusations, assess the evidence supporting the charge, identify issues with the prosecution’s claims and explain the legal options available in your situation.