The charge of reckless endangerment is somewhat unique because it does not require intent for the accused to be guilty. Even if you had no intent to harm anyone, and no one was harmed, you can still be charged with reckless endangerment if an officer deems that you were compromising the safety of the public or a specific individual. If you have been charged with reckless endangerment, contact David Galison today to begin work on your defense.
There are two degrees of reckless endangerment in New York – First and Second.
Reckless Endangerment in the Second Degree
The following definition applies to reckless endangerment in the second degree according the laws of New York -
“when one recklessly acts in a manner that creates a substantial risk of serious physical injury to another person.”
The actions not only have to create the risk of an injury, but a serious physical injury. That point is one that is often argued in court, as the risk of substantial injury is a subjective argument. Second degree reckless endangerment is a class A misdemeanor and can be punished by up to a year in prison.
Reckless Endangerment in the First Degree
In order for the charges to be elevated to first degree and a class D felony, the accused must show ‘depraved indifference to human life’. The action that they are accused of must place the life of another in grave danger. This charge can be punished by up to seven years in prison if convicted.
Reckless endangerment cases are always difficult to prove, and thus qualified representation is essential for your best interest. Call our office today at 516-242-4477 and receive a free consultation. We look forward to working with you.