Second-degree reckless homicide is prohibited by section 940.06 of the Wisconsin Statutes. This murder charge is a Class D felony, meaning if you’re convicted you face a maximum penalty 25 years in prison and a $100,000.00 fine. At Meyer Van Severen, S.C. we defend murder cases, manslaughter cases, and homicide cases. We focus on providing clients the best criminal defense in Wisconsin. If you’ve been charged with second-degree reckless homicide, contact Attorney Meyer or Attorney Van Severen at (414) 270-0202 to discuss your case.
Although first-degree reckless homicide can include very different allegations, second-degree reckless homicide involves two different versions. The first version involves the murder of another adult. The second version involves the murder of an unborn child. No matter whether the murder involves a child or an adult, the penalty if a Class D felony.
As with any criminal offense there are certain elements that the district attorney must prove beyond a reasonable doubt. For second-degree reckless homicide those elements are:
The term “unborn child” is defined in the Wisconsin Statutes. Although it might be obvious, an unborn child is defined as “Any individual of the human species from fertilization until birth that is gestating inside a woman.”
“Cause” is another term defined by the statutes. Cause simply means that the defendant’s act was a substantial factor in producing the death of the victim.
“Criminally reckless conduct” is a term that’s broken down by its own elements. Those elements require:
Second-degree reckless homicide cases often involve complex issues. Sometimes the defendant makes statements to police. If those statements were made while subject to custodial interrogation and police didn’t provide a Miranda warning, your criminal defense attorney may be able to keep those statements out of trial. Often complex manslaughter cases involve medical reports that your attorney needs to understand.
At Meyer Van Severen, S.C. we continually challenge illegal police conduct. We’re not afraid to fight your murder case all the way to jury trial. Not all criminal defense attorneys have the confidence, intelligence, and aggression to fight your case. But we do. Contact our firm at (414) 270-0202 to speak to Attorneys Meyer or Van Severen regarding your murder case.