When you're arrested for homicide, confusion and fear are natural responses. You need answers quickly, and you need someone who understands how Wisconsin prosecutes these cases.
Wisconsin no longer uses the term "manslaughter," instead referring to similar cases as homicides that fall under different categories depending on intent and details of the case.
A second-degree reckless homicide charge (defined as recklessly causing someone's death without demonstrating an "utter disregard for human life") is a Class D felony that puts you at risk of spending up to 25 years behind bars. However, that's not the end of the story.
In this post, we'll get into how Wisconsin defines homicide charges, potential penalties and consequences, and how you or your loved one can fight charges like these.
How Wisconsin Defines Reckless vs. Intentional Homicide
The state's homicide laws don't all require the same mental state. In cases of intentional homicide, prosecutors must demonstrate that you meant to cause death. Reckless homicide operates differently—the focus shifts to whether you understood the danger your actions created, regardless of what outcome you intended.
This distinction matters because you can be convicted of causing someone's death even when you never wanted that person to die. The law examines what risks you knew about and whether you ignored them.
The Legal Framework of Second-Degree Reckless Homicide
Under Wisconsin Statute § 940.06, a second-degree reckless homicide conviction requires prosecutors to establish that you caused a death through reckless behavior—specifically, that you consciously created and ignored a substantial risk of death or serious bodily harm.
The prosecution must prove these essential elements:
- A death occurred.
- Your actions or inactions caused that death.
- Your behavior met the legal definition of recklessness.
- You knew your conduct created serious danger.
Understanding "Recklessness" in Legal Terms
Recklessness means more than carelessness or poor judgment. Wisconsin law defines it as consciously creating an unreasonable and substantial risk of death or great bodily harm, while being aware that risk exists, and choosing to disregard it anyway.
It sits between negligence (which only requires that you should have known about the risk) and intentional conduct (which requires that you meant to cause the result).
The Difference Between First- and Second-Degree is Critical
First-degree reckless homicide, prosecuted under Wisconsin Statute § 940.02(1), requires an additional element: that your reckless conduct showed "utter disregard for human life." In other words, whether you were indifferent about whether your actions killed someone.
In the case of second-degree charges, while you still face severe penalties, the absence of "utter disregard" makes this the lesser charge—and it's the reason the maximum sentence drops from 60 years to 25. Your defense attorney's ability to prevent prosecutors from proving this additional element could literally save you decades.
Penalties of Second-Degree Reckless Homicide
As a Class D felony, second-degree reckless homicide allows judges to sentence you to:
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Prison for up to 25 years, divided into two components: an initial period of confinement (up to 15 years) followed by extended supervision (up to 10 years).
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Judges also have authority to impose fines of up to $100,000.
Your Life After Sentencing
Wisconsin creates a permanent record of felony convictions—there's no process for erasing or sealing homicide convictions from your history. This record can lead to:
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Difficulty finding employment
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Difficulty finding housing
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Attaining certain professional licenses
Beyond these practical problems, you also lose fundamental rights:
- Gun ownership rights permanently disappear.
- Voting rights suspend during imprisonment and any supervised release period.
- Jury service becomes prohibited.
Comparing Homicide Classifications
Understanding where second-degree reckless homicide fits among Wisconsin's homicide charges helps clarify what you're facing:
- First-Degree Intentional Homicide: Class A felony, mandatory life sentence
- Second-Degree Intentional Homicide (roughly equivalent to 1st-degree manslaughter): Class B felony, results in a maximum 60-year sentence
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First-degree reckless homicide: Class B felony, 60-year maximum sentence, no time limit for prosecution
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Second-degree reckless homicide: Class D felony, 25-year maximum sentence, 15-year prosecution deadline
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OWI vehicular homicide: Classification and penalties vary based on prior OWI history—Class C felony (40 years maximum) with qualifying priors, or Class D felony (25 years maximum) without
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Negligent homicide with vehicle or firearm: Class G felony with a 10-year maximum sentence and $25,000 maximum fine
Building Your Defense
No single defense strategy works for every case. Experienced attorneys customize their approach based on the specific facts, evidence, and circumstances you're facing. That said, there are a number of ways an attorney can successfully defend against a homicide case. Your lawyer should start by making sure you fully comprehend the charges against you and ensuring you understand that the prosecution's initial offer doesn't represent your only option.
Common Defense Approaches
Attacking the recklessness element: Your attorney may argue your conduct was accidental rather than reckless, or that you didn't consciously disregard a known risk.
Challenging awareness: Prosecutors must prove you actually knew about the risk your conduct created. If you didn't know, you can't be convicted of reckless homicide.
Disputing causation: Even if your conduct was reckless, your attorney might establish that something else actually caused the death.
Suppressing illegally obtained evidence: If police violated your constitutional rights during the investigation, the court may exclude crucial evidence, potentially making conviction impossible.
Questioning witness reliability: Prosecutors often rely on witnesses whose credibility your attorney can challenge through cross-examination.
Negotiating charge reductions: Strong defense work sometimes convinces prosecutors to reduce charges to negligent homicide or other lesser offenses.
Presenting mitigating circumstances: Even when conviction seems likely, your attorney can argue for reduced sentences by presenting factors that explain or contextualize your conduct.
Protecting Your Rights Immediately
Why Silence Protects You
Many people arrested for homicide try to explain what happened, hoping to clear up what they believe is a misunderstanding. This almost always backfires. Investigators use your statements against you, and prosecutors introduce them at trial.
Wisconsin law gives you the right to remain silent. Use it. Tell officers you want an attorney and will not answer questions without legal representation present.
The Value of Early Legal Intervention
Homicide investigations move quickly, and evidence disappears or becomes harder to obtain as time passes. Witness memories fade. Physical evidence gets destroyed. Video footage gets recorded over.
Getting an attorney involved early maximizes your defense options. Your lawyer can immediately begin preserving evidence, interviewing witnesses, and investigating the incident while information remains fresh and accessible.
Don't assume you have time to wait. Every day that passes without legal representation is a day prosecutors get stronger while your defense gets weaker.
Proven Success in Homicide Defense
Case Result: 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.
Take Action Now: Contact an Experienced Wisconsin Criminal Defense Attorney
Second-degree reckless homicide charges threaten to take 25 years of your life. You need a defense attorney who knows how to handle complex homicide prosecutions and has succeeded in getting charges reduced or dismissed.
Attorney Patrick J. Stangl brings more than three decades of criminal defense experience to homicide cases throughout Wisconsin. His track record demonstrates his ability to develop strong defenses and achieve favorable outcomes in serious cases.
The decisions you make now determine your future. Contact Stangl Law for a FREE 10-minute consultation where we can discuss your case and identify your defense options.
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.