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Reckless endangerment or recklessly endangering safety (RES) is a criminal offense involving conduct that creates a substantial, unjustifiable risk of death or great bodily harm to others. It focuses on the reckless action rather than intent to harm. Penalty for a 1st degree recklessly endangering safety charge is a Class F felony, often resulting in significant fines and jail time.
In Wisconsin, “reckless endangerment” is identified as recklessly endangering safety, and may be more commonly referred to as RES. It is a felony level criminal charge that can potentially result in a jail or prison sentence.
Recklessly endangering safety is an act that shows the defendant committed “criminally reckless conduct.” Criminally reckless conduct is an act that created a risk of death or great bodily harm to another person, that risk was unreasonable and substantial, and the person committing the act was aware that the conduct created the risk of death or great bodily harm. The requirement that you must be aware your conduct resulted in a risk of death or great bodily harm requires either that you knew, or should have known, that the conduct created that risk.
Recklessly endangering safety charges in Wisconsin can significantly impact a defendant’s life—legally, financially, and socially. Understanding how the statute works, what prosecutors must prove, and how defenses are structured can help individuals navigate these serious allegations.
Defending against a 1st-degree RES charge is very fact specific. For the prosecutor to prove their case, they must show
Some things that are taken into consideration when determining whether your conduct showed an utter disregard for human life are:
How the incident occurred, where the person/people were located, and whether or not someone was in jeopardy of being injured are all potential ways to fight against an RES charge. Additionally, what you did after the act can also be taken into consideration, for example stopping to give aid or calling for the police or an ambulance.
Recklessly endangering safety is conduct where a person creates an unreasonable and substantial risk of death or great bodily harm to another individual through their actions. Under Wisconsin law, this conduct must rise above ordinary negligence and demonstrate a disregard for the safety of others.
Unlike intentional crimes, recklessly endangering safety does not require a specific intent to cause harm or injury. Instead, prosecutors must show that: (1) The defendant’s conduct created a risk of death or great bodily harm; (2) the risk was unreasonable and substantial, and (3) the defendant was aware that their conduct posed such a risk. They do not have to prove that you intended to create the risk of harm.
Wisconsin statute 941.30 is the statute that covers recklessly endangering safety charges. Under Wisconsin law, there are two different types of recklessly endangering safety: 1st-degree recklessly endangering safety and 2nd-degree recklessly endangering safety, where 1st-degree RES is a more severe charge than 2nd-degree RES.
First-degree recklessly endangering safety is the more serious form of the offense. Under Wisconsin statute 941.30(1), a person is guilty of a Class F felony if they recklessly endanger another’s safety in an act that shows utter disregard for human life.
This degree is charged when the defendant’s behavior not only imposed a substantial risk of harm, but did so to the extent that indicated no regard for the value of human safety/life. Some examples may include discharging a firearm into a crowded space or engaging in extreme, high-risk conduct without regard to possible consequences such as speeding the wrong way down a busy interstate.
Courts assess these elements by examining what the defendant did, how dangerous the act was, how obvious the danger was, and whether any regard for safety was shown.
Second-degree recklessly endangering safety is defined under Wisconsin statute 941.30(2) and is a Class G felony. It applies when a person recklessly endangers another’s safety, but the circumstances do not rise to the level of utter disregard for human life as is required for the 1st-degree offense.
Although still serious, a 2nd-degree charge reflects a lower threshold of culpability or fault—the defendant created an unreasonable and substantial risk of harm, but without evidence that their conduct showed a complete disregard for life. Examples might include dangerous acts where the risk was present but not as extreme, or where mitigating circumstances existed.
Both 1st-degree and 2nd-degree RES are felony offenses that carry significant penalties, including potential prison time, fines, and long-term effects on someone’s record.
A 1st-degree RES charge is a Class F felony, which carries a maximum penalty of 12 years and 6 months in prison, a fine up to $25,000.00, or both. However, a 2nd-degree RES is a Class G felony that carries a maximum penalty of 10 years in prison, a fine of $25,000.00, or both.
The sentence in any given case depends on several factors, including the defendant’s prior record, the presence of aggravating or mitigating circumstances, and whether any enhancements (such as use of a weapon) apply. However, as with any felony conviction, being convicted of an RES will result in a lifetime firearm ban and a temporary inability to vote. Also, regardless of whether you are convicted of a 1st-degree or 2nd-degree RES, neither of them have the potential to be expunged from your record regardless of your age at the time of the offense.
The involvement of a firearm, or other deadly weapon, can have a substantial impact on a reckless endangerment case. While the statute itself does not separate charges based on what type of weapon was involved, firearm use may lead prosecutors to seek longer sentences and may cause them to charge 1st-degree rather than 2nd-degree recklessly endangering safety.
Under Wisconsin statute 939.63, a dangerous weapon/firearm enhancement can add several years to the prison term for both 1st-degree and 2nd-degree charges, increasing the maximum potential penalty by up to 5 years. Meaning, when a firearm is involved, 1st-degree RES can have a maximum of 17 years and 6 months in prison, while the maximum for a 2nd-degree offense with use of a firearm becomes 15 years in prison.
When facing such charges, consulting with an experienced criminal defense attorney is essential to protecting your rights and to pursue the best possible outcome.
