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Second degree recklessly endanger safety (RES) is charged as a Class G felony. The charge is a result of someone endangering the safety of another while showing an utter disregard for human life. 2nd degree RES as a Class G felony can carry penalties of up to 10 years in prison and a $25,000 fine.
Defending against a 2nd degree recklessly endangering safety felony charge in Wisconsin is done based on the specific facts of the case. To determine the best way to fight, your attorney will look at factors such as:
While the facts of every case are different, there are some common potential ways to defend against a 2nd degree RES charge. One potential defense is by demonstrating that no one was actually endangered. If there is no one around that could potentially have been injured (or killed), then you have an argument that you cannot have endangered the safety of another human.
Another potential defense is whether you were aware your conduct created an unreasonable and substantial risk of death/great bodily harm. One way to challenge that is by showing involuntary intoxication. If you were under the influence of drugs and/or alcohol voluntarily, that would not be a defense. However, if a drug were unknowingly placed into your drink or food before you committed the alleged offense, it could be a defense to the awareness/knowledge requirement for the offense.
A common way that a 2nd degree RES occurs is through the use of a gun. However, given the circumstance of a case, the use of that gun may have been necessary to defend yourself, or others, from being a victim yourself. While self-defense is an affirmative defense, it is a potential defense to a 2nd degree RES charge.
2nd degree recklessly endangering safety (RES) is defined under Wisconsin statute 941.30(2). That statute defines the two things required for an action to be 2nd degree RES.
And to define an action as criminally reckless conduct, all of the following must be present:
For something to be considered as “great bodily harm” or “serious bodily injury” is an injury that creates a substantial risk of death, serious permanent disfigurement, or causes a permanent or prolonged impairment of an organ or body part.
1st degree reckless endangering safety is the more severe version of 2nd degree reckless endangering safety. 1st degree RES is defined under Wisconsin statute 941.30(1). In comparing 1st degree RES and 2nd degree RES, the same initial two requirements as the 2nd Degree RES are necessary:
However, for a 1st degree RES, there is an additional requirement that the actor’s conduct showed an utter disregard for human life.
In determining whether their conduct showed utter disregard for human life, the following things are considered:
Because of the vague nature of a 2nd degree RES, there are several things that could potentially be considered as recklessly endangering safety. Some 2nd degree recklessly endangering safety examples could include firing a gun near someone or attempting to hit someone with your vehicle.
One of the most common examples is someone driving the wrong way down the road. While things such as speed and traffic density may determine whether it is 1st or 2nd degree RES, wrong-way driving is one of the most common causes of RES charges.
In Wisconsin, there is no charge by the name second-degree reckless endangerment. Instead, the charge likely referred to by whoever uses that phrasing is second degree recklessly endangering safety. They could also be referring to endangering safety by use of a dangerous weapon which is a charge for negligent operation of a firearm, intoxicated possession of a firearm, intentionally pointing a firearm at/toward a person, or discharging a firearm within 100 yards of a building.
In Wisconsin, 2nd degree recklessly endangering safety is a Class G felony. Class G felonies are punishable by up to 10 years in state prison and fines reaching $25,000.
When it comes to a sentence for 2nd degree recklessly endangering safety, there is no mandatory minimum penalty a court is required to issue. While 10 years of imprisonment is the maximum penalty a court can issue, it is also possible to be given a sentence that includes only jail and/or probation.
Unless there is a penalty enhancer attached to the underlying charge, the maximum penalty is up to 10 years of imprisonment and/or a fine up to $25,000.00. For the 10 years, there is a maximum 5 years of Initial Confinement (or “behind bars”) and 5 years of extended supervision (similar to probation).
As with any felony conviction, it includes both short-term and long-term consequences. In the short-term, you are not eligible to vote in any election until your civil rights are restored, which is upon the completion of the entirety of your sentence. In the long-term, any felony conviction results in your inability to possess a firearm for life.
The use of a dangerous weapon could potentially increase the maximum penalty you are facing. Under Wisconsin statute 939.63(1), the use of a firearm in the commission of a crime can potentially increase the maximum sentence:
However, this does not apply if possessing, using, or threatening to use a dangerous weapon is an essential element or requirement of the underlying offense. As RES does not require the use of a firearm as part of the offense, the inclusion of a firearm in the RES charge may potentially increase the maximum penalty.
