Second Degree Reckless Homicide Lawyer in Wisconsin

Charged with Second Degree Reckless Homicide under Wisconsin law? The homicide defense attorneys at Chirafisi Anderson, S.C. have the experience and proven results to protect your rights at every stage of the case. Call today for a free consultation.

(608) 250-3500

What the Law Says About Second Degree Reckless Homicide

Under Wis. Stat. § 940.06, a person commits second-degree reckless homicide when they recklessly cause the death of another human being (or unborn child). The law requires proof of criminal recklessness – that the person created an unreasonable and substantial risk of death or great bodily harm and was aware of that risk.

This charge differs from First Degree Reckless Homicide (§ 940.02) in one key way: it does not require proof of “utter disregard for human life.” Prosecutors must still establish that the defendant’s conduct created a serious risk of death and that they consciously disregarded that danger.

What the State Must Prove to Convict on Second Degree Reckless Homicide

To convict a defendant of Second Degree Reckless Homicide under Wis. Stat. § 940.06, the State must prove each of the following elements beyond a reasonable doubt:

The defendant caused the death of another human being.
- “Cause” means the defendant’s act was a substantial factor in producing the death.
The defendant caused the death by criminally reckless conduct, meaning:
- The conduct created a risk of death or great bodily harm;
- The risk was unreasonable and substantial; and
- The defendant was aware that their conduct created that unreasonable and substantial risk.

Because this offense turns on awareness of risk, prosecutors often rely on circumstantial evidence – such as statements, prior conduct, digital communications, or surrounding circumstances – to establish the mental element of recklessness.

The absence of “utter disregard” makes second degree reckless homicide a lesser-included offense of first degree reckless homicide, and it is often considered by juries in cases where intent or disregard for life is disputed.

These elements are detailed in Wisconsin Jury Instruction – Criminal 1060 Second Degree Reckless Homicide

Penalties and Sentencing for Second Degree Reckless Homicide in Wisconsin

Second Degree Reckless Homicide is classified as a Class D felony under Wisconsin law and carries significant prison exposure.

Up to 25 years in prison
Up to $100,000 in fines

Sentencing considerations include the severity of the conduct, the defendant’s awareness of risk, criminal history, and whether the death resulted from a single act or a prolonged course of reckless behavior.

Courts also evaluate mitigating and aggravating factors such as attempts to render aid, acceptance of responsibility, and the presence of intervening causes when determining an appropriate sentence.

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Common Scenarios in Second Degree Reckless Homicide Cases in Wisconsin

Second Degree Reckless Homicide charges typically arise from situations where a death results from dangerous conduct, but prosecutors cannot prove “utter disregard for human life.” Common scenarios include:

Fatal vehicle crashes involving excessive speed, distraction, or unsafe maneuvers not rising to the level of intoxicated use.
Negligent firearm handling—pointing, cleaning, or mishandling a loaded weapon resulting in death.
Physical altercations or fights where excessive force unintentionally causes fatal injuries.
Failure to obtain medical care for a dependent or child when aware of severe risk to health or life.
Drug-related deaths where the State cannot prove “delivery” or “utter disregard,” but argues reckless conduct led to a fatal overdose.

Defenses and Legal Strategies for Second Degree Reckless Homicide

Second Degree Reckless Homicide cases turn on whether the State can prove awareness of risk, criminal recklessness, and causation beyond a reasonable doubt. Effective defense strategies often focus on narrowing or defeating those elements.

Dispute awareness of risk. Demonstrate that the defendant did not know their actions created a substantial danger.
Challenge causation. Argue that another intervening act or cause—such as medical complications or another person’s actions—produced the death.
Argue accident or mistake. Show that the conduct was accidental, lacking the required criminal recklessness.
Reduce to lesser offenses. Argue for homicide by negligent handling or other reduced charges when the evidence of recklessness is weak.
Highlight mitigating factors. Evidence of fear, self-defense, or attempts to render aid can reduce culpability and demonstrate lack of “utter disregard.”
Challenge expert or forensic evidence. Cross-examine toxicologists or medical examiners on whether the conduct was the true cause of death.

Check out some of the violent felony case results obtained by the attorneys at Chirafisi Anderson, S.C.: Criminal Defense Case Results

Why Hiring a Second Degree Reckless Homicide Defense Lawyer Matters

A Second Degree Reckless Homicide charge exposes you to decades in prison and permanent felony consequences. These cases often hinge on subtle but critical distinctions – whether the defendant was truly aware of the risk, whether the conduct was criminally reckless rather than accidental, and whether the alleged act was the substantial factor causing death. Early involvement by experienced defense counsel is essential to shaping how the evidence is interpreted and presented.

Local Experience matters. The attorneys at Chirafisi Anderson, S.C. regularly defend homicide and serious violent felony cases throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Dodge, Green, Iowa, and Sauk Counties. We understand how local prosecutors and courts evaluate recklessness, causation, and mitigation in homicide cases.

Proven track record of results. Our firm has obtained dismissals, acquittals, and reduced verdicts in complex homicide and violent-crime prosecutions by challenging awareness of risk, disputing causation, and exposing weaknesses in forensic and witness evidence.

Recognized legal excellence. Attorneys at Chirafisi Anderson, S.C. are recognized by Super Lawyers® and are active members of respected state and national criminal defense organizations, reflecting a commitment to meticulous preparation and effective advocacy in the most serious cases.

Contact Chirafisi Anderson, S.C.

A Second Degree Reckless Homicide charge places your freedom, future, and reputation at immediate risk. These cases often depend on nuanced questions of awareness, recklessness, and causation—and early decisions can determine whether charges are reduced, dismissed, or taken to trial. An experienced defense attorney can intervene quickly to protect your rights and build a defense grounded in fact and law.

Chirafisi Anderson, S.C. represents individuals charged with Second Degree Reckless Homicide and other serious violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.

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Frequently asked questions – Second Degree Reckless Homicide in Wisconsin

Second degree reckless homicide requires proof of recklessness, but not the additional element of utter disregard for human life required in first degree cases.

Yes. If prosecutors believe a driver’s speed, distraction, or other conduct showed awareness of a substantial risk but not intent to kill, they may file this charge.

Voluntary intoxication is not a defense to criminal recklessness. The law assumes that if sober, the defendant would have recognized the risk.

In some cases, defense attorneys successfully argue for reduction to negligent homicide or homicide by negligent handling of a weapon or vehicle, depending on the facts.

Through circumstantial evidence—such as prior warnings, witness statements, or the defendant’s behavior before and after the incident—to show they consciously disregarded a known danger.