The term “reckless endangerment” typically applies to any situation in which one person’s reckless action causes another party to reasonably fear for their safety. While this may be confused with an assault, an assault is a specific threat of harm. Reckless endangerment occurs not necessarily from a desire to harm but from willful disregard for the safety of others.
If you have recently been arrested in New York City and face reckless endangerment charges, you need to know about your legal rights and the reasons to contact a criminal defense lawyer. Your reputation and freedom may be at risk. Talk to our experienced New York reckless endangerment defense lawyers today to learn more about what to do next.
Understanding Reckless Endangerment
New York law actually splits this offense into two separate crimes. Penal Law § 120.20 covers reckless endangerment in the second degree, a misdemeanor. Penal Law § 120.25 covers reckless endangerment in the first degree, a felony. The difference between the two comes down to how much danger your actions created.
There are many ways for reckless endangerment to occur. Here are a few examples:
- A custodial parent with a drug addiction fails to feed their children for several days. The children go looking for food at a neighbor’s house and the police are called. The parent can face reckless endangerment charges along with drug charges and other offenses for the neglect of their children.
- A couple has a heated argument in the car, and the driver starts to speed and swerve to scare their partner. The driver causes a crash, injuring their partner and another driver. In this situation, the driver would likely face reckless endangerment charges along with civil liability for the damages they caused to their partner and the other driver.
- Firing a gun in a residential area. This will almost always qualify as reckless endangerment unless the gun user had a legitimate reason to use their firearm in self-defense.
Many defendants charged with reckless endangerment face multiple charges in connection with the same event. The penalties for this offense often hinge on its severity, whether the defendant committed other offenses, and the defendant’s criminal record.
Penalties for Reckless Endangerment in New York
Reckless endangerment in the second degree is a class A misdemeanor. A conviction can carry up to one year in jail.
Reckless endangerment in the first degree is a class D felony. This is the more serious charge. It applies when the person acted under circumstances showing a depraved indifference to human life, meaning an utter disregard for whether their conduct could kill someone. That conduct also has to create a grave risk of death, not just injury. A conviction can carry up to seven years in state prison.
You do not need to hurt anyone to be charged with reckless endangerment. Prosecutors only need to show that your actions put someone else at risk.
Possible Defenses
A strong defense often focuses on intent and risk. Your attorney may argue you did not act recklessly, that no real danger existed, or that you acted in self-defense. Prosecutors must prove every element of the charge beyond a reasonable doubt, including the risk of harm. If the risk was minor or unlikely, that can weaken the case against you.
Finding a Good Defense Attorney
Every person has the right to legal counsel when they are charged with any criminal offense. If you have the means to do so, you should consider hiring a New York criminal defense attorney. The right attorney can help you better understand your legal options.
The Law Offices of Robert Tsigler, PLLC has years of experience providing criminal defense representation to clients in New York City. We know local prosecutors and the tactics they use to secure convictions in various types of criminal cases. Our firm can provide the ongoing support and comprehensive legal counsel you need to approach your criminal case with confidence and peace of mind. Our attorneys handle reckless endangerment cases in criminal courts across Manhattan, Brooklyn, Queens, and Nassau County.
We take a client-focused approach to defense counsel. Whether you face reckless endangerment by itself or several criminal charges in New York City, we can provide the responsive defense counsel you need for your situation.
FAQs
Can You Go to Jail for Reckless Endangerment in New York?
When prosecuted at the misdemeanor level, reckless endangerment could carry an incarceration sentence of up to one year in county jail. However, first-degree reckless endangerment is a felony in New York. While there is no minimum prison sentence, a defendant could face up to seven years in state prison if convicted.
What Is the Meaning of Reckless Endangerment?
Reckless endangerment indicates a willful disregard for the risk your actions create. Any action that causes another person to experience reasonable fear for their personal safety can potentially qualify as reckless endangerment.
What Is Child Endangerment in Comparison to Reckless Endangerment?
Endangering the welfare of a child, while similar to reckless endangerment, is a unique offense on its own. Typically charged as a misdemeanor, a defendant can face jail time for recklessly endangering the safety of a child under the age of 17 in New York. This offense can also pertain to parental neglect if neglect results in critical health complications for a child.
Is It Worth Hiring a Defense Attorney for a Reckless Endangerment Charge?
A: Many defendants charged with reckless endangerment usually face additional charges based on the nature of the events leading to their arrest. It is always worth having defense counsel you can trust when faced with prosecution for any criminal offense in New York. The right attorney can mean the difference between facing a conviction and having your charges dropped.
Do You Have to Get Hurt for Someone to Be Charged with Reckless Endangerment?
No. Reckless endangerment does not require an actual injury. Prosecutors only need to prove your actions created a real risk of harm to someone else.
The Law Offices of Robert Tsigler, PLLC is prepared to provide the comprehensive criminal defense counsel you need when faced with a complex criminal case in New York. Contact us today and schedule a consultation with a defense attorney you can trust to learn more about the legal services we offer. Call 718-878-3781, available 24/7
