Second Degree Reckless Injury Defense Lawyer in Wisconsin
Charged with Second-Degree Reckless Injury under Wis. Stat. § 940.23(2)? This violent felony allegation focuses on whether your conduct was criminally reckless and caused great bodily harm. Call Chirafisi Anderson, S.C. to start your defense – Free Consultations
What the Law Says About Second Degree Reckless Injury in Wisconsin
Under Wis. Stat. § 940.23(2), a person commits Second Degree Reckless Injury if they recklessly cause great bodily harm to another human being. Unlike first-degree reckless injury, this offense does not require proof that the conduct occurred under circumstances showing utter disregard for human life.
The statute also applies when reckless conduct causes great bodily harm to an unborn child, as set forth in Wis. Stat. § 940.23(2)(b). Second Degree Reckless Injury in one of Wisconsin’s violent crimes and focuses on criminal recklessness – risk creation and awareness – without the additional aggravating factor that elevates the offense to first degree.
Learn more about Reckless Injury in Wisconsin.
What the State Must Prove to Convict on Second Degree Reckless Injury
o convict a defendant of Second Degree Reckless Injury under Wis. Stat. § 940.23(2), 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 serious bodily injury (which includes injury creating a substantial risk of death, serious permanent disfigurement, or permanent/protracted loss or impairment of a bodily member or organ).
- 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.
Unlike first-degree reckless injury, 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 1252 Second Degree Reckless Injury
Penalties and Sentencing for Second Degree Reckless Injury in Wisconsin
Second Degree Reckless Injury is a Class F felony under Wisconsin law.
- Up to 12 years, 6 months imprisonment (7.5 years imprisonment and 5 years extended supervision)
- Up to $25,000 in fines
In determining sentence length and structure, courts commonly consider the severity of the injury, how the risk was created (including use of a weapon, vehicle, or force), proximity of others to danger, and the defendant’s awareness of the risk. Judges also evaluate conduct before, during, and after the incident, including any efforts to render aid or mitigate harm.
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Common Scenarios in Wisconsin Second Degree Reckless Injury Cases
Second Degree Reckless Injury charges are commonly filed when serious injury results from dangerous conduct, but prosecutors do not allege circumstances showing utter disregard for human life. Typical scenarios include:
- Firearm mishandling or a single reckless discharge causing serious injury
- High-risk driving (speeding, OWI, racing) resulting in fractures, head trauma, or other serious injuries
- Physical altercations that escalate to great bodily harm without proof of “utter disregard”
- Dangerous tools, fires, or explosives used recklessly, causing lasting injury
- Domestic disputes where actions unintentionally cause great bodily harm
In these cases, disputes often focus on whether the defendant was aware of the risk created and whether the injury meets the statutory definition of great bodily harm.
Defenses and Legal Strategies for Second Degree Reckless Injury
Defending a Second Degree Reckless Injury charge centers on whether the State can prove criminal recklessness, awareness of risk, and great bodily harm beyond a reasonable doubt. Effective defense strategies often include:
Why Hiring a Second Degree Reckless Injury Lawyer Matters
Second Degree Reckless Injury is a serious violent felony that can carry years of prison exposure and long-term collateral consequences. These cases often turn on close factual questions—whether the defendant was truly aware of the risk, whether the conduct rose to the level of criminal recklessness, and whether the injury meets the statutory definition of great bodily harm.
Second Degree Reckless Injury Case Results
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Contact Chirafisi Anderson, S.C.
A Second Degree Reckless Injury charge raises serious questions about risk, awareness, and the extent of the alleged injury. How the facts are evaluated early can determine whether the charge proceeds as filed, is reduced, or is dismissed.
Chirafisi Anderson, S.C. represents individuals charged with Second Degree Reckless Injury and other violent felony offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.