Second Degree Recklessly Endangering Safety Defense Lawyer in Wisconsin
Charged with Second Degree Recklessly Endangering Safety? This serious felony can result in prison, probation restrictions, and a permanent criminal record. Call Chirafisi Anderson, S.C. to start your defense – Free Consultations
What the Law Says About Second Degree Recklessly Endangering Safety
Under Wis. Stat. § 941.30(2), a person commits Second Degree Recklessly Endangering Safety if they recklessly endanger the safety of another human being.
This offense applies when the alleged conduct created an unreasonable and substantial risk of death or great bodily harm and the person was aware of that risk, but the surrounding circumstances do not rise to the level of “utter disregard for human life” required for a first degree charge. Physical injury is not required for this offense to apply.
What the State Must Prove in Second Degree Recklessly Endangering Safety Cases
To convict someone of Second-Degree Recklessly Endangering Safety under Wis. Stat. § 941.30(2), 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 that risk.
Unlike first-degree charges, the State is not required to prove that the circumstances showed utter disregard for human life.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1347 Second Degree Reckless Endangering Safety
Penalties and Sentencing for Second Degree Recklessly Endangering Safety
Second Degree Recklessly Endangering Safety under Wis. Stat. § 941.30(2) is classified as a Class G felony.
- Up to 10 years imprisonment
- Up to $25,000 in fines
In sentencing, courts examine the nature of the alleged risk, whether a firearm or vehicle was involved, proximity of others, and the defendant’s conduct before, during, and after the incident. Because this offense does not require proof of utter disregard for human life, sentencing often turns on how seriously the court views the level of danger actually created.
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Common Scenarios in Second Degree Recklessly Endangering Safety Cases
Second Degree Recklessly Endangering Safety charges are often filed when prosecutors allege dangerous conduct that created a substantial risk of death or great bodily harm, but where the surrounding circumstances do not support a finding of utter disregard for human life.
Common scenarios include:
- Handling or discharging a firearm in a reckless manner
- Driving at high speeds while intoxicated or distracted
- Throwing objects from a vehicle or into traffic
- Engaging in dangerous conduct during an argument or confrontation
- Mishandling tools, equipment, or fire in a way that endangers others
Whether conduct qualifies as second-degree rather than first degree depends on how the risk is framed and whether the evidence shows awareness without indifference to life.
Defenses and Legal Strategies for Second Degree Recklessly Endangering Safety
Defending a Second Degree Recklessly Endangering Safety charge focuses on whether the State can actually prove criminal recklessness and endangerment, not simply poor judgment or a negligent mistake. These cases frequently turn on how risk and awareness are interpreted.
Common defense strategies include:
Early investigation, witness interviews, and preservation of video or forensic evidence are often critical in challenging these allegations.
Why Hiring a Second Degree Recklessly Endangering Safety Lawyer Matters
Second-Degree Recklessly Endangering Safety charges are often driven by how prosecutors characterize risk and awareness rather than by clear physical harm. These cases frequently hinge on close factual questions about whether conduct was criminally reckless or merely negligent, and whether another person’s safety was actually endangered.
View some of the results our attorneys have obtained in criminal cases in Wisconsin.
Contact Chirafisi Anderson, S.C.
A Second-Degree Recklessly Endangering Safety charge can carry serious consequences and a permanent felony record. These cases often turn on how risk, awareness, and surrounding circumstances are interpreted—and early legal intervention can be critical to the outcome.
Chirafisi Anderson, S.C. represents individuals charged with Second-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.