Under Wisconsin law, reckless homicide may be charged in the first degree (First Degree Reckless Homicide) or the second degree (Second Degree Reckless Homicide).
- The conduct created a risk of death or great bodily harm to another person; and
- The risk of death or great bodily harm was unreasonable and substantial; and
- The defendant was aware that his conduct created the unreasonable and substantial risk of death or great bodily harm
- A voluntarily produced intoxicated or drugged condition is not a defense to liability for criminal recklessness if, had the actor not been in that condition, he would have been aware of creating an unreasonable and substantial risk of death or great bodily harm to another human being (Ameen v. State 51 Wis.2d 175 at 185, 186 N.W.2d 206).
First-Degree Reckless Homicide
First-degree reckless homicide is the reckless causing of the death of another human being or unborn child under circumstances which show an utter disregard for human life.
Class B Felony
First degree reckless homicide carries a penalty of a Class B Felony (punishable by imprisonment not to exceed 60 years).
Class C Felony
If the death of another human being was caused during the manufacturing, distribution, or delivery of a controlled substances, whether the person killed was involved in any process associated with the controlled substance, the penalty is a Class C Felony (punishable a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both).
Second-degree Reckless Homicide
Second-degree reckless homicide is the reckless causing of the death of another human being or unborn child.
Class D Felony
Second-degree Reckless Homicide carries a penalty of a Class D Felony (punishable by a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both).
Criminal Law Defense Attorney Mike Rudolph
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