At a Glance:
- Reckless homicide in Wisconsin comes in two degrees with vastly different penalties
- First-degree reckless homicide is a Class B felony with up to 60 years in prison
- Second-degree reckless homicide is a Class D felony with up to 25 years in prison
- Unlike intentional homicide, reckless homicide doesn't require intent to kill
- There's no statute of limitations for first-degree charges
- Early legal representation is crucial for building the strongest possible defense
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.
Unlike intentional homicide, reckless homicide doesn't require that you intended to kill someone. However, the penalties are still severe, and the consequences extend far beyond prison time.
In this post, we will explore degrees of homicide charges, similar charges, penalties, and what you can do about it if you or a loved one is arrested for one of these offenses.
What Makes Reckless Homicide Different from Other Homicide Charges?
Reckless homicide occupies a unique position in Wisconsin's homicide laws. Unlike a felony murder, intentional homicide is more specific as it focuses on the act in which the crime was committed, the cause of the crime, and the mental stability of the defendant.
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.
First-Degree Reckless Homicide in Wisconsin
Legal Definition & Elements
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.
Classification & Penalties
First-degree reckless homicide is classified as a Class B felony. If convicted, you face:
- Up to 60 years in state prison
- No statute of limitations
Second-Degree Reckless Homicide in Wisconsin
Legal Definition & Elements
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.
Classification & Penalties
Second-degree reckless homicide is classified as a Class D felony with a statute of limitations of 15 years. The penalties include:
- Maximum Penalty: Up to 25 years in state prison
- Maximum fine: $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.
Homicide by Negligent Use
Homicide by negligent use of a firearm or motor vehicle is a Class G felony with up to 10 years in state prison, a maximum fine of $25,000, or both.
Consequences Beyond Prison Time
Criminal Record 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 (OWI), loss or denial of professional licenses, and 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, and the ability to serve on a jury or hold certain public offices.
Importance of Early Legal Representation
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.
Defenses for Reckless Homicide Charges
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.
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
What to Do if You're Facing Reckless Homicide 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.
Don't Wait: Contact Stangl Law Today
Reckless homicide charges are among the most serious you can face in Wisconsin. With 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.
Attorney Patrick J. Stangl has over 30 years of experience defending clients 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.
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 face these charges alone. Contact Stangl Law today for a FREE 10-minute consultation to discuss your case and explore your defense options. Your future depends on the decisions you make right now.
Stangl Law Offices, S.C.