Reckless Injury Charges in Wisconsin
Charged with Reckless Injury under Wis. Stat. § 940.23? Reckless injury offenses in Wisconsin are divided into first-degree and second-degree charges, depending on the circumstances surrounding the alleged conduct.
Understanding Reckless Injury Charges in Wisconsin
Reckless injury charges in Wisconsin focus on risk and awareness, not intent. Prosecutors allege that the defendant engaged in conduct that created an unreasonable and substantial risk of death or great bodily harm, and that the defendant was aware of that risk at the time of the alleged conduct.
This distinguishes reckless injury from battery offenses, which center on an intent to cause harm. In reckless injury cases, the State’s theory is that serious injury resulted from dangerous conduct rather than a deliberate attempt to injure another person.
Reckless injury charges are violent crime offense frequently filed in cases involving firearms, vehicles, tools, or other dangerous instrumentalities, as well as in situations where conduct escalates and results in significant injury without an alleged intent to harm.
Reckless Injury Charges in Wisconsin
Wisconsin’s reckless injury statute is divided into two degree-specific offenses. Each charge has its own legal standards and is addressed in detail on the pages below:
Understanding which degree has been charged—and why—often determines how the case proceeds and which issues become central in litigation.
Common Situations Where Reckless Injury Charges Arise
Reckless injury charges are commonly filed in cases where serious physical harm occurs, but prosecutors do not allege a specific intent to injure. These cases often arise from situations involving dangerous conduct or rapidly escalating events, including:
- Firing a gun during a fight and striking a bystander (first degree)
- High-speed OWI crash causing permanent injury (first or second degree)
- Serious assault resulting in skull or bone fractures (first degree if utter disregard is shown)
- Reckless use of machinery or tools causing disfigurement or loss of function (second degree)
- Child-injury or domestic cases involving reckless handling of dangerous items
Whether conduct rises to the level of reckless injury—and which degree applies—depends heavily on the surrounding circumstances and how the State characterizes the risk involved.
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Defending Reckless Injury Charges in Wisconsin
Reckless injury cases often turn on how the State characterizes the alleged conduct, the level of risk involved, and whether the evidence supports a claim that the defendant was aware of that risk. Disputes frequently arise over causation, the severity of the injury, and whether the surrounding circumstances support a first-degree or second-degree charge.
Because reckless injury charges are highly fact-dependent, early legal analysis focuses on the context of the incident, how the injury occurred, and whether the evidence supports the degree alleged by prosecutors. These issues are addressed in greater detail on the degree-specific reckless injury pages.
Why Hiring a Reckless Injury Defense Lawyer Matters
Reckless injury charges are treated as serious violent felonies in Wisconsin and are often prosecuted aggressively based on how the State interprets risk, awareness, and surrounding circumstances. These cases frequently involve complex factual questions, competing narratives, and disputed medical or forensic evidence.
At Chirafisi Anderson, S.C., our attorneys regularly represent individuals charged with reckless injury throughout Southern and Central Wisconsin. Our familiarity with how local prosecutors and courts analyze reckless-conduct cases allows us to evaluate charging decisions and address degree-specific issues early in the process.
- Extensive local experience defending reckless-injury charges across Southern and Central Wisconsin courts
- A proven record of securing dismissals, charge reductions, and alternative resolutions
- Recognized legal excellence — Super Lawyers® honorees and active members of WACDL and NACDL
Our knowledge of how local prosecutors and judges handle reckless injury charges can make the difference between a felony conviction and a reduced or dismissed case.
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Reckless injury charges can involve complex factual disputes and degree-specific legal issues that affect how a case proceeds. If you or someone you represent is facing a reckless injury allegation in Wisconsin, it is important to understand how the charge is being evaluated and what issues may be contested.
Chirafisi Anderson, S.C. represents individuals charged with reckless injury and other serious violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.