Criminal Defense Attorney for 941.30
Criminal Defense Attorney for 941.30 Recklessly Endangering Safety
Grieve Law is not a general practitioner law firm. Criminal Defense is practically everything the firm does. Staffed by criminal defense attorneys who are former prosecutors, our firm understands the letter of the law and how things tend to play out in practice.
If you have been charged with a felony or misdemeanor in Greater Milwaukee, please contact us today.
The following legal code may be outdated. Grieve Law makes no claims regarding the accuracy of the below. If you are faced with criminal charges you should consult an experienced criminal defense lawyer immediately.
941.30 Recklessly Endangering Safety
(1) First-degree recklessly endangering safety. Whoever recklessly endangers another's safety under circumstances which show utter disregard for human life is guilty of a Class F felony.
(2) Second-degree recklessly endangering safety. Whoever recklessly endangers another's safety is guilty of a Class G felony.
History: 1987 a. 399; 2001 a. 109.
Judicial Council Note, 1988: Sub. (1) is analogous to the prior offense of endangering safety by conduct regardless of life.
Sub. (2) is new. It creates the offense of endangering safety by criminal recklessness. See s. 939.24 and the NOTE thereto. [Bill 191-S]
A bomb scare under s. 947.015 is not a lesser included crime of recklessly endangering safety. State v. Van Ark, 62 Wis. 2d 155, 215 N.W.2d 41 (1974).
Section 941.30 is a lesser included offense of s. 940.01, 1st-degree homicide. State v. Weeks, 165 Wis. 2d 200, 477 N.W.2d 642 (Ct. App. 1991).
A conviction under sub. (1) was proper when the defendant desisted from an attack but showed no regard for the victim's life or safety during the attack. State v. Holtz, 173 Wis. 2d 515, 496 N.W.2d 668 (Ct. App. 1992).