First Degree Reckless Injury Defense Lawyer in Wisconsin
Charged with First-Degree Reckless Injury under Wis. Stat. § 940.23(1)? Call Chirafisi Anderson, S.C. to start your defense – Free Consultations
What the Law Says About First Degree Reckless Injury in Wisconsin
Under Wis. Stat. § 940.23(1), a person commits First Degree Reckless Injury if they recklessly cause great bodily harm to another human being under circumstances showing utter disregard for human life.
The statute also applies when reckless conduct causes great bodily harm to an unborn child, if the circumstances show utter disregard for the life of the unborn child, the pregnant woman, or another person. First Degree Reckless Injury is distinguished from second degree by the presence of this aggravating factor – utter disregard for human life – which elevates both the seriousness of the charge and the potential consequences.
Learn more about Reckless Injury in Wisconsin.
What the State Must Prove to Convict on First Degree Reckless Injury
To convict a defendant of First Degree Reckless Injury under Wis. Stat. § 940.23(1), the State must prove each element beyond a reasonable doubt:
- The defendant caused great bodily harm to the alleged victim.
- “Cause” means the act was a substantial factor in producing the harm.
- “Great bodily harm” means injury creating a substantial risk of death, or causing serious permanent disfigurement, or a permanent or protracted loss/impairment of a bodily member or organ, or other serious bodily injury.
- Criminally Reckless Conduct
- 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.
- Utter Disregard for Human Life
- Considering what the defendant was doing, why, how dangerous it was, how obvious the danger was, whether the conduct showed any regard for life, and all other circumstances, the situation showed utter disregard for human life.
- Courts may also consider relevant after-the-fact conduct to evaluate utter disregard.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1250 First Degree Reckless Injury
Penalties and Sentencing for First Degree Reckless Injury in Wisconsin
First degree reckless injury is a Class D Felony, carrying the following penalties:
- Up to 25 years imprisonment (up to 15 years initial confinement + 10 years extended supervision)
- Up to $100,000 in fines
In determining sentence length and structure, courts commonly consider the degree of risk created, the severity and permanence of the injury, the use of weapons or vehicles, the presence of others in danger, and whether the totality of the circumstances demonstrates utter disregard for human life. Judges also evaluate the defendant’s criminal history, conduct after the incident, and victim-impact considerations.
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Common Scenarios in First Degree Reckless Injury Cases in Wisconsin
First Degree Reckless Injury charges are typically filed in cases where prosecutors allege extremely dangerous conduct that resulted in serious, life-altering injuries. Common scenarios include:
- Firearm incidents (shots fired during disputes; rounds into occupied structures)
- High-risk driving (at-speed collisions, racing, OWI-related serious injuries)
- Assaults/altercations resulting in fractures, head trauma, or other serious injuries
- Dangerous tools/explosives/fires causing severe burns or permanent injury
- Domestic disputes escalating to serious, lasting harm
In these cases, the central dispute often involves whether the surrounding circumstances truly demonstrate utter disregard, as opposed to reckless – but less aggravated – conduct.
Defenses and Legal Strategies for First Degree Reckless Injury
Defending a First Degree Reckless Injury charge focuses on whether the State can meet its burden on causation, criminal recklessness, and – most critically – utter disregard for human life. Effective defense strategies often include:
Why Hiring a First Degree Reckless Injury Lawyer Matters
First Degree Reckless Injury is a serious violent felony that often turns on how prosecutors characterize risk, awareness, and the surrounding circumstances. Small factual differences can determine whether conduct is charged as first degree, second degree, or a different offense altogether. Effective representation requires careful analysis of medical evidence, witness accounts, and the context of the alleged conduct.
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Contact Chirafisi Anderson, S.C.
A First Degree Reckless Injury charge carries serious felony exposure and long-term consequences. If you are facing allegations under Wis. Stat. § 940.23(1), it is critical to understand how the State is characterizing the conduct and what issues may be contested.
Chirafisi Anderson, S.C. represents individuals charged with First Degree Reckless Injury and other serious violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.