Recklessly Endangering Safety in Wisconsin
Charged with Recklessly Endangering Safety under Wis. Stat. § 941.30? Wisconsin law divides recklessly endangering safety into first-degree and second-degree offenses, depending on whether the alleged conduct occurred under circumstances showing utter disregard for human life.
Understanding Recklessly Endangering Safety
Recklessly endangering safety charges focus on risk and awareness, not on whether anyone was actually injured. Prosecutors allege that a person engaged in conduct that created an unreasonable and substantial risk of death or great bodily harm, and that the person was aware of that risk at the time.
Although recklessly endangering safety is considered a violent crime, unlike battery or reckless injury offenses, recklessly endangering safety does not require proof of physical harm. The charge is based on the danger created by the conduct itself. As a result, these cases often involve disputed interpretations of how risky the conduct was and whether the surrounding circumstances justify a first-degree or second-degree charge.
First Degree vs. Second Degree Recklessly Endangering Safety
Wisconsin law divides recklessly endangering safety into two separate offenses based on whether the alleged conduct occurred under circumstances showing utter disregard for human life.
First Degree Recklessly Endangering Safety applies when prosecutors allege that the risk created by the conduct was extreme and that the surrounding circumstances demonstrate utter disregard for human life.
Second Degree Recklessly Endangering Safety applies when prosecutors allege reckless conduct that created a substantial risk of death or great bodily harm, but without circumstances demonstrating utter disregard for human life.
The distinction between first-degree and second-degree recklessly endangering safety is often the central issue in these cases and determines how the charge is evaluated and litigated. Each degree is addressed in detail on its own page.
Recklessly Endangering Safety Charges in Wisconsin
Wisconsin’s recklessly endangering safety 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 factual issues become central in litigation.
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Common Situations Where Recklessly Endangering Safety Charges Arise
Recklessly endangering safety charges are commonly filed when prosecutors allege that a person’s conduct created a serious risk of harm, even though no physical injury occurred. These cases often arise from situations involving dangerous behavior, rapid escalation, or disputed judgment calls.
Whether conduct rises to the level of recklessly endangering safety—and which degree is charged—depends heavily on how the surrounding circumstances are interpreted and how the alleged risk is characterized.
Defending Recklessly Endangering Safety Charges in Wisconsin
Recklessly endangering safety 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 the surrounding circumstances, witness interpretations, and whether the conduct justifies a first-degree or second-degree charge.
Because these cases are highly fact-dependent, early legal analysis focuses on context, sequence of events, and how prosecutors are framing the alleged danger. These issues are addressed in greater detail on the degree-specific recklessly endangering safety pages.
Why Hiring a Recklessly Endangering Safety Defense Lawyer Matters
Recklessly endangering safety charges are treated as serious violent offenses in Wisconsin and are often charged based on how prosecutors interpret risk, awareness, and surrounding circumstances. These cases frequently involve close factual disputes about what occurred, how dangerous the conduct was, and whether the evidence supports a first-degree or second-degree charge.
At Chirafisi Anderson, S.C., our attorneys regularly represent individuals charged with recklessly endangering safety throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties. Our familiarity with how local prosecutors and courts analyze these cases allows us to evaluate charging decisions and address degree-specific issues early in the process.
- Extensive local experience navigating how each county prosecutes and sentences these offenses,
- A proven record of obtaining dismissals and charge reductions, and
- Recognized legal excellence as Super Lawyers® and members of leading state and national defense organizations.
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Recklessly endangering safety charges often involve disputed interpretations of risk, awareness, and surrounding circumstances. Understanding how the State is evaluating the alleged conduct—and which degree has been charged—can be critical to how a case proceeds.
Chirafisi Anderson, S.C. represents individuals charged with Recklessly Endangering Safety and other serious violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.