Contact Van Severen Law Office to discuss your first or second degree recklessly endangering safety case. Phone calls are answered 24/7 at (414) 270-0202
Our criminal defense lawyers have worked on 1st degree recklessly endangering safety and 2nd degree reckless endangering safety cases. Van Severen Law Office is a Milwaukee, WI criminal defense law firm dedicated to providing effective, excellent representation on cases just like these. If you’ve been charged with recklessly endangering safety, contact us immediately at (414) 270-0202.
What is first degree recklessly endangering safety?
Section 941.30(1) of the Wisconsin Statutes defines first-degree recklessly endangering safety. That statute indicates that it’s a crime when an individual “recklessly endangers another’s safety under circumstances which show utter disregard for human life.” 1st degree recklessly endangering safety is a Class F felony.
As with any crime, first-degree recklessly endangering safety has certain elements that all must be proven beyond a reasonable doubt. The elements of this offense are:
- The defendant endangered the safety of another human being.
- The defendant endangered the safety of another by criminally reckless conduct.
- The circumstances of the defendant’s conduct showed utter disregard for human life.
Criminally reckless conduct means:
- The conduct created a risk of death or great bodily harm to another person; and
- The risk of death or great bodily harm was unreasonable and substantial; and
- The defendant was aware that his conduct created the unreasonable and substantial risk of death or great bodily harm.
“Great bodily harm” means serious bodily injury. The injury creates a substantial risk of death, or causes serious permanent disfigurement, or causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or causes other serious bodily injury.
What is second-degree recklessly endangering safety?
Second-degree recklessly endangering safety is defined in section 941.30(2) of the Wisconsin Statutes. The elements of this offense are:
- The defendant endangered the safety of another human being.
- The defendant endangered the safety of another by criminally reckless conduct.
What’s the difference between the two?
First-degree recklessly endangering safety has one more element than second-degree. First-degree requires that the defendant’s conduct showed utter disregard for human life.
In determining whether the conduct of the defendant showed utter disregard for human life, the jury is advised to consider the following factors: what the defendant was doing; why the defendant was engaged in that conduct; how dangerous the conduct was; how obvious the danger was; whether the conduct showed any regard for life; and, all other facts and circumstances related to the conduct.
Contact Van Severen Law Office for criminal defense.
Sometimes recklessly endangering safety is charged in connection with a shooting. If you’ve been charged with this or any other crime, contact Van Severen Law Office immediately. We’ve successfully defended recklessly endangering safety cases and want to talk to you about yours.
