Start with the evidence, not the charge label
Recklessly endangering safety cases often turn on the exact conduct, the level of risk created and the state of mind the prosecution claims can be inferred from the circumstances. Video, witness accounts and physical evidence can be especially important.
Issues to examine
- The exact conduct and surrounding circumstances
- Whether the alleged risk is supported by the evidence
- Intent or mental-state issues under the charged theory
- Video, physical evidence and witness credibility
- Whether a different or lesser charge better matches the provable facts
Defense strategy depends on the record
A useful defense review compares the complaint or investigative theory with the actual evidence. That can include police reports, recordings, digital information, witness accounts, physical evidence, prior records and the legal basis for police action. The strategy may involve investigation, motions, negotiation, trial preparation, sentencing advocacy or preserving issues for appeal.
Madison-based criminal defense since 1993
Robert T. Ruth represents clients from a downtown Madison office in Wisconsin state and federal criminal matters. The first consultation is an opportunity to identify the stage of the case, immediate deadlines and the evidence that should be reviewed or preserved.
Common questions
What is the difference between first- and second-degree recklessly endangering safety?
Wisconsin law distinguishes the offenses based on additional required elements. The exact current statute and charging theory should be reviewed in the case.
Can witness accounts be enough to charge the case?
A charge can be based on witness evidence, but credibility, consistency and corroboration remain important at later stages.
What if video contradicts the police report?
Video and other objective evidence can be important when the written narrative does not fully match what occurred.
Related information
This page provides general information and is not legal advice. The law, defenses and possible consequences depend on the facts and current law.