First Degree Recklessly Endangering Safety Defense Lawyer in Wisconsin
Charged with First Degree Recklessly Endangering Safety in Wisconsin? This serious felony charge often arises from allegations involving firearms, vehicles, or dangerous confrontations. Contact Chirafisi Anderson, S.C. to begin building your defense. Free consultations available.
What the Law Says About First Degree Recklessly Endangering Safety
Under Wis. Stat. § 941.30(1), person commits First Degree Recklessly Endangering Safety if they recklessly endanger the safety of another human being under circumstances showing utter disregard for human life.
This offense focuses on the level of risk created by the conduct, the defendant’s awareness of that risk, and whether the surrounding circumstances demonstrate utter disregard for human life. Physical injury is not required for the charge to apply.
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What the State Must Prove in First Degree Recklessly Endangering Safety Cases
To convict someone of First Degree Recklessly Endangering Safety under Wis. Stat. § 941.30(1), the State must prove each of the following elements beyond a reasonable doubt:
- Endangerment of Safety: The defendant endangered the safety of another human being.
- 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 of creating that risk.
- Utter Disregard for Human Life: The circumstances showed utter disregard for human life, determined by considering what the defendant was doing, how dangerous it was, how obvious the danger was, and whether any regard for life was shown.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1345 First Degree Recklessly Endangering Safety.
Penalties and Sentencing in First Degree Recklessly Endangering Safety Cases
First Degree Recklessly Endangering Safety under Wis. Stat. § 941.30(1) is classified as a Class F felony.
A conviction carries potential penalties that include:
- Up to 12.5 years imprisonment
- Up to $25,000 in fines
In determining an appropriate sentence, courts evaluate the totality of the circumstances, including the nature of the risk created, whether a weapon or vehicle was involved, the proximity of others, and the defendant’s conduct before, during, and after the alleged incident. Sentencing decisions often focus heavily on whether the evidence truly supports a finding of “utter disregard for human life.”
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Common Scenarios in First Degree Recklessly Endangering Safety Cases
First Degree Recklessly Endangering Safety charges are typically filed in situations where prosecutors allege extremely dangerous conduct that placed others at risk of death or great bodily harm. These cases often involve disputed interpretations of how the incident unfolded and whether the circumstances demonstrate utter disregard for human life.
Common scenarios include:
- Discharging a firearm toward a person, vehicle, or building
- Driving at high speed through traffic while intoxicated
- Engaging in a violent altercation involving deadly force
- Throwing objects or firing shots during domestic or road-rage incidents
- Creating explosion or fire risks that endanger others
Whether a particular incident qualifies as first degree rather than second degree depends heavily on the surrounding circumstances and the evidence presented.
Defenses and Legal Strategies for First Degree Recklessly Endangering Safety
Defending a First Degree Recklessly Endangering Safety charge requires careful analysis of risk, awareness, and whether the evidence truly supports a finding of utter disregard for human life. These cases often hinge on how the incident is characterized rather than on undisputed facts.
Common defense strategies include:
Early investigation, preservation of video and witness evidence, and careful reconstruction of events are often critical to challenging these charges effectively.
Why Hiring a First Degree Recklessly Endangering Safety Defense Lawyer Matters
First Degree Recklessly Endangering Safety charges are aggressively prosecuted and often depend on how prosecutors interpret risk, awareness, and surrounding circumstances. These cases frequently turn on close factual distinctions that determine whether conduct truly shows “utter disregard for human life” or supports a lesser charge.
First Degree Recklessly Endangering Safety Case Result
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Contact Chirafisi Anderson, S.C.
A First Degree Recklessly Endangering Safety charge can expose you to significant prison time and a permanent violent-felony record. These cases often hinge on how risk, awareness, and surrounding circumstances are interpreted—and early legal intervention can make a decisive difference.
Chirafisi Anderson, S.C. represents individuals charged with First Degree Recklessly Endangering Safety and other serious violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.