In Wisconsin, the term "manslaughter" is no longer used. Instead, "reckless homicide" refers to causing the death of another person due to recklessness or negligence. Facing reckless homicide charges in Wisconsin is one of the most serious legal situations you can encounter. These charges carry decades in prison and will permanently alter your life if you're convicted.
If you or a loved one has been arrested for first-degree reckless homicide, you're likely scared, confused, and looking for answers. The good news is that strong defenses exist. In this article, we'll discuss the specifics of the charge, penalties, defenses, and next steps.
At a Glance:
- Charge: Class B Felony under Wisconsin Statute 940.02(1)
- Maximum Penalty: Up to 60 years in state prison
- Maximum Fine: $100,000
- No Statute of Limitations: Can be prosecuted at any time
- Key Element: "Utter disregard for human life"
- What to Do Now: Exercise your right to remain silent and contact an attorney immediately
What Is First-Degree Reckless Homicide in Wisconsin?
First-degree reckless homicide is defined under Wisconsin Statute § 940.02(1). The charge requires proof that you recklessly caused someone's death "under circumstances which show utter disregard for human life."
The key distinction between first and second-degree reckless homicide is this "utter disregard for human life" element. This means the prosecution must prove not only that you acted recklessly, but that your conduct demonstrated complete indifference to whether someone lived or died.
How It's Different from Other Homicide Charges
Reckless homicide occupies a unique position in Wisconsin's homicide laws. While intentional homicide requires that you intended to kill the victim, reckless homicide focuses on your awareness of the substantial risk your conduct created, not your intent to cause death.
Unlike intentional homicide, first-degree reckless homicide doesn't require that you intended to kill someone. The focus is on the reckless nature of your conduct and the circumstances surrounding it.
The Critical Difference: First-Degree vs. Second-Degree
Second-degree reckless homicide, covered under Wisconsin Statute 940.06, involves recklessly causing someone's death without the "utter disregard for human life" element required for first-degree charges. This charge focuses on whether you created an unreasonable and substantial risk of death or great bodily harm while being aware of that risk.
Second-degree reckless homicide is classified as a Class D felony with a statute of limitations of 15 years. The penalties include a maximum penalty of up to 25 years in state prison and a maximum fine of $100,000.
The 20-year difference in maximum penalties between first and second-degree reckless homicide makes the distinction critically important for your defense strategy.
Related Homicide Charges in Wisconsin
Wisconsin law includes several related charges that may apply depending on the circumstances of your case.
OWI Vehicular Homicide
OWI Vehicular Homicide with certain prior OWI-related convictions, suspensions, or revocations is a Class C felony, while OWI Vehicular Homicide or 2nd Degree Reckless Homicide without a previous conviction is a Class D felony with up to 25 years in state prison, maximum fine of $100,000, or both.
Penalties & Consequences of a Conviction
Prison Time
First-degree reckless homicide is classified as a Class B felony. If convicted, you face up to 60 years in state prison with no statute of limitations—meaning these charges can be brought against you at any time.
Beyond Prison: The Permanent Impact
A reckless homicide conviction creates a permanent criminal record that cannot be expunged in Wisconsin. Criminal convictions carry serious penalties, some of which you may not expect.
Possible consequences of a criminal conviction include:
- Court fees
- Difficulty finding a job
- Probation
- A permanent criminal record
- Suspended driver's license (in OWI-related cases)
- Loss or denial of professional licenses
- Inability to rent or buy a house
Loss of Civil Rights
A major difference between felonies and misdemeanors is the forfeiture of civil liberties. Possible consequences of a felony conviction include loss of:
- The right to possess a gun
- The right to vote during your sentence and probation
- The ability to serve on a jury or hold certain public offices
Possible Defense Strategies for First-Degree Reckless Homicide
While every case is unique, an experienced criminal defense attorney should first and foremost help you fully and clearly understand the charges in front of you and assure you that anything offered by the prosecution is not your only option.
Challenging the Elements of the Charge
Your attorney may challenge:
- Whether you were actually aware of the substantial risk created by your conduct
- Whether your conduct was the substantial cause of the death
- Whether the circumstances truly show "utter disregard for human life" (for first-degree charges)
- The reliability and admissibility of evidence collected during the investigation
Investigating Probable Cause and Procedural Violations
Skilled criminal defense attorneys will often begin by thoroughly investigating the underlying details of the case itself and whether or not prosecutors have probable cause to accuse you of a felony during a preliminary hearing. This involves analyzing police and court records to determine if your rights were violated at any point.
If a procedural violation or other mistake was made before trial, a motion hearing can be called to dismiss the charges against you. A skilled attorney will take the time to review all the details of your arrest, searches made by law enforcement, and statements made.
These challenges can make the difference between a first-degree charge with 60 years maximum and a second-degree charge with significantly less time, or even a dismissal of charges altogether.
What to Do (and NOT Do) If You're Facing These Charges
Don't Talk to Police
Exercise your right to remain silent and request an attorney immediately. Anything you say can be used against you, and early statements often hurt more than they help.
Contact an Experienced Wisconsin Criminal Defense Attorney
Time is critical in homicide cases. The sooner you contact an attorney, the more options you may have for your defense. Early investigation can preserve crucial evidence and witness testimony.
The first thing to remember: don't panic. There is help available. The law takes into account many factors that might be significant in your case. Your job is to share all your information honestly with your lawyer. Your lawyer's job is to investigate, collect and present all relevant information appropriately and correctly to the Judge.
How Stangl Law Defends First-Degree Reckless Homicide Cases
Our Track Record
Attorney Patrick J. Stangl has over 30 years of experience defending clients in Madison and across Wisconsin against homicide charges. He knows what it takes to build a strong defense and fight for the best possible outcome in your case.
Madison Criminal Defense Attorney Patrick J. Stangl is committed to exploring options for your best defense and has been defending clients across the state since 1991.
Real Case Success Story
Homicide Case Success Story: State of Wisconsin v. R.B.
Attorney Stangl defended a client charged with homicide by intoxicated use of a motor vehicle and homicide by operation of a motor vehicle with a prohibited alcohol concentration charge. A young man was killed as a result of the accident. As a result of the defense he raised, the homicide charges were dismissed and an amended charging document was filed alleging less serious charges.
Don't Wait on Your Reckless Homicide Defense Strategy
Reckless homicide charges are among the most serious you can face in Wisconsin. With potentially decades in prison at stake, you need an experienced criminal defense attorney who understands these complex cases and has a proven track record of success.
To this end, Attorney Stangl is pleased to offer at no-obligation a FREE 10-minute consultation to discuss the specifics of your case and take the first step in putting this stressful time behind you.
If there's a way to win your case, Stangl Law will find it.
Stangl Law Offices, S.C.