First Degree Reckless Homicide Lawyer in Wisconsin

Charged with First Degree Reckless Homicide under Wis. Stat. § 940.02? Whether the allegation involves violent conduct, a fatal crash, or a drug-delivery (“Len Bias”) case, early and experienced legal representation is critical. Call today for a free consultation.

(608) 250-3500

What the Law Says About First Degree Reckless Homicide

Under Wis. Stat. § 940.02, First Degree Reckless Homicide occurs when a person recklessly causes the death of another human being under circumstances showing utter disregard for human life.

Wisconsin law recognizes two primary forms of First Degree Reckless Homicide:

  • Traditional first-degree reckless homicide (§ 940.02(1)) — causing death through conduct creating an unreasonable and substantial risk of death or great bodily harm while being aware of that risk, under circumstances showing utter disregard for human life.
  • Drug-delivery first-degree reckless homicide (§ 940.02(2)) — often called “Len Bias” homicide, this applies when a person allegedly manufactures, delivers, or assists in delivering a Schedule I or II controlled substance that is later used and results in another person’s death.

First Degree Reckless Homicide does not require proof of intent to kill. Instead, liability turns on recklessness, awareness of risk, causation, and – particularly in drug-delivery cases – the alleged chain of distribution and toxicological evidence.

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

To convict a defendant of First Degree Reckless Homicide under Wis. Stat. § 940.02, the State must prove each required element beyond a reasonable doubt. The elements differ depending on whether the charge is based on reckless conduct or an alleged drug delivery.

Elements Under Wis. Stat. § 940.02(1) (Reckless Conduct)

Wisconsin Jury Instruction – Criminal 1020 First Degree Reckless Homicide

  1. The defendant caused the death of another human being.
  2. The defendant acted with criminally reckless conduct, meaning:
    • The conduct created an unreasonable and substantial risk of death or great bodily harm, and
    • The defendant was aware of that risk.
  3. The circumstances of the conduct showed utter disregard for human life.

Elements Under Wis. Stat. § 940.02(2) (Drug-Delivery / “Len Bias” Homicide)

Wisconsin Jury Instruction – Criminal 1021 First Degree Reckless Homicide “Len Bias”

  1. The defendant delivered a substance (transferred it from one person to another).
  2. The substance was or contained a Schedule I or II controlled substance, controlled-substance analog, ketamine, or flunitrazepam.
  3. The defendant knew or believed the substance was a controlled substance – not necessarily its precise chemical name.
  4. The alleged victim used that substance.
  5. The victim died as a result of using that substance, meaning the use was a substantial factor in the death (not necessarily the sole cause).

Penalties and Sentencing for First Degree Reckless Homicide in Wisconsin

First Degree Reckless Homicide is classified as a Class B felony under Wisconsin law. Both traditional reckless-homicide cases and drug-delivery (“Len Bias”) prosecutions carry the same statutory penalty range, although the evidentiary focus differs.

  • Up to 60 Years Imprisonment (initial confinement + extended supervision)

Sentencing in First Degree Reckless Homicide cases is driven by the gravity of the conduct, the defendant’s character and criminal history, and the court’s assessment of the need to protect the public. In traditional reckless-homicide cases, courts closely examine the nature of the risk created, the defendant’s awareness of that risk, and whether the conduct demonstrated utter disregard for human life.

In drug-delivery (“Len Bias”) homicide prosecutions, sentencing analysis often centers on toxicology evidence, causation disputes, the defendant’s role in the alleged supply chain, and any actions taken to obtain medical assistance for the decedent. A conviction can also carry extensive collateral consequences, including lengthy supervision conditions, firearm prohibitions, and permanent barriers to employment and housing. Given the severity of the potential sentence, these cases are among the most complex and aggressively prosecuted matters in Wisconsin criminal courts.

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Common Scenarios We See in First Degree Reckless Homicide Cases in Wisconsin

First Degree Reckless Homicide charges arise from a wide range of factual situations where prosecutors allege extreme risk-taking or indifference to human life. Common scenarios include:

  • Fatal drug-delivery (“Len Bias”) prosecutions. Allegations that the defendant provided or assisted in providing heroin, fentanyl, or another Schedule I/II substance that led to an overdose death.
  • Chain-of-delivery cases. The prosecution alleges the drugs passed through multiple intermediaries; proof relies on text messages, digital payments, and witness testimony linking each transfer.
  • Mixed-substance toxicology. The decedent used multiple substances; prosecutors argue the defendant’s delivery was still a substantial factor in the death.
  • High-speed or intoxicated driving resulting in fatal crashes.
  • Reckless firearm use, such as firing into a home, vehicle, or crowd.
  • Severe assaults or failure to render aid in circumstances showing indifference to life.

Defenses and Legal Strategies for First Degree Reckless Homicide

Defending a First Degree Reckless Homicide charge requires a focused attack on recklessness, awareness of risk, causation, and—where applicable—the alleged chain of drug delivery. Effective defense strategies often include:

  • Challenge “utter disregard.” Demonstrate actions showing concern for life, such as calling 911 or attempting rescue.
  • Dispute recklessness or awareness. Show the risk was not obvious, or that the defendant did not recognize it.
  • Attack causation. Argue that another event—or in overdose cases, another supplier or different drug—was the actual cause of death.
  • Challenge delivery or knowledge. Argue the defendant did not make any transfer or did not know the substance was controlled.
  • Break the chain. Undermine the State’s link between your client’s conduct and the fatal dose by contesting phone data, witness reliability, or lab continuity.
  • Polysubstance and mixture defenses. Demonstrate uncertainty about which substance caused death or that post-delivery dilution broke the causal chain.
  • Seek lesser-included offenses. When evidence of “utter disregard” or causation is weak, request jury consideration of Second-Degree Reckless Homicide or a Controlled Substance Delivery count without a death allegation.
  • Pretrial motion practice. Litigating suppression issues, expert challenges, digital-evidence reliability, and evidentiary limits.

Why Hiring a First-Degree Reckless Homicide Defense Lawyer Matters

First Degree Reckless Homicide charges expose defendants to decades in prison and permanent felony consequences. These cases often hinge on nuanced questions of recklessness, awareness of risk, causation, and—particularly in drug-delivery cases—complex toxicology and supply-chain evidence. Early, experienced legal representation is essential to preserving evidence, shaping the narrative, and challenging the State’s theory before it hardens.

Local Experience matters. The attorneys at Chirafisi Anderson, S.C. regularly defend homicide and other serious violent felony cases throughout Southern and Central Wisconsin, including Dane, Rock, Jefferson, Columbia, Green, Iowa, Dodge, and Sauk Counties. We understand how local prosecutors and courts approach reckless-homicide allegations and tailor defense strategies accordingly.

Proven track record of results. Our firm has obtained dismissals, charge reductions, and favorable resolutions in high-stakes violent-crime cases by challenging causation, disputing recklessness, and exposing weaknesses in forensic, digital, 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 rigorous preparation and effective advocacy in the most serious cases.

View case results from Chirafisi Anderson, S.C.

Contact Chirafisi Anderson, S.C.

A First Degree Reckless Homicide charge places your freedom, future, and reputation at immediate risk. Whether the allegation involves violent conduct, a fatal crash, or a drug-delivery (“Len Bias”) prosecution, these cases demand early, strategic defense focused on causation, recklessness, and the reliability of the State’s evidence. Experienced counsel can intervene quickly to protect your rights and pursue the strongest possible outcome.

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

(608) 250-3500 Schedule a Free Consultation

Frequently asked questions – First Degree Reckless Homicide in Wisconsin

First-degree requires proof that the defendant acted under circumstances showing utter disregard for human life. Second-degree reckless homicide omits that element.

It’s a charge under § 940.02(2) alleging a person delivered or assisted in delivering drugs that were later used by someone who died.

No. They only need to prove you knew or believed the substance was a controlled substance, not its precise chemical composition.

Yes, potentially. The law allows liability even if the substance was cut or mixed after delivery, as long as it was a substantial factor in the death.

The State can argue a chain-of-delivery theory, but it must still prove your specific transfer led to the victim’s use and death.