Madison WI Reckless Injury Defense Lawyer Attorney

There are three crimes for reckless injury under Wisconsin Criminal law 940.23.  Second degree reckless injury is a Class F felony in Wisconsin, punishable by up to 12 years, six months prison and a fine of up to $25,000.  It requires proof of great bodily harm and proof that the great bodily harm was caused by criminally reckless conduct.

First degree reckless injury is a Class D felony, punishable by up to 25 years prison and a fine of up to $100,000.  It requires proof that great bodily harm was caused by criminally reckless conduct under circumstances that show utter disregard for human life.

There is an additional form of reckless injury that only applies to injuries caused to a pregnant woman or her unborn child.  This sort of reckless injury is a Class D felony, punishable by up to 25 years prison and a fine of up to $100,000.

In the context of a reckless injury charge, “cause” generally means that the defendant’s acts were a substantial factor producing great bodily harm.  Great bodily harm is generally defined in Wisconsin as a harm which creates a substantial risk of death, or which causes serious or permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily injury.  Criminally reckless conduct under the Wisconsin criminal law usually means the following:

The conduct created a risk of death of great bodily harm; and

The risk of death or great bodily harm was unreasonable ad substantial; and

The defendant was aware that his or her conduct created the unreasonable and substantial risk of death or great bodily harm.