Reckless endangerment is a severe criminal offense in New York, including on Long Island, which involves engaging in conduct that creates a substantial risk of severe physical injury or death to another person. The law focuses on the recklessness of the individual’s behavior rather than the actual harm caused. If you or someone you know has been charged with reckless endangerment, Michael A. Arbeit, PC, will strive to achieve the best possible outcome for your case and will continue fighting for you until he reaches that goal.
Elements of Reckless Endangerment and Defense Strategies
- Conduct: The defendant must engage in some form of conduct, which can be an act or an omission in cases where there is a duty to act.
- Recklessness: This element is fulfilled when the person is aware of and consciously disregards a substantial and unjustifiable risk that their conduct will cause serious harm. This risk must be of such nature and degree that disregard constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
- Risk of Serious Physical Injury or Death: The conduct must create a natural, substantial risk of causing severe physical injury or death to another person.
- Intent and Awareness (Mens Rea): The distinction between recklessness and depraved indifference is pivotal. Reckless Endangerment in the Second Degree (Penal Law Section 120.20) is charged when a person recklessly engages in conduct that creates a substantial risk of severe physical injury to another person. The requirement is to establish that the person was aware of and disregarded a significant risk. A Reckless Endangerment in the First Degree charge (Penal Law Section 120.25) is more severe. It is charged when a person recklessly engages in conduct that creates a grave risk of death to another person under circumstances that show a depraved indifference to human life.
- Possible Legal Defenses: Defenders might argue the absence of reckless intent, suggesting that the act was carried out without a clear understanding of the associated risks. Alternatively, they might claim the actions were compelled by circumstances beyond the defendant’s control, although proving such claims often involves complex legal arguments.
Examples of Reckless Endangerment
- Vehicle-related cases: Reckless endangerment charges often stem from driving behaviors, such as excessive speeding in a crowded area or street racing in residential neighborhoods.
- Discharging firearms: Shooting a gun into the air in a populated area, regardless of intent, can lead to charges of reckless endangerment.
- Endangering children: Leaving young children unattended in dangerous situations, such as in a car on a hot day, can result in reckless endangerment charges.
Notable Cases in New York
There have been several shooting cases in New York where individuals have been charged with reckless endangerment for discharging firearms in ways that could potentially harm bystanders. We also hear in the news about construction and workplace accidents in cases where employers or contractors fail to adhere to safety regulations, leading to a substantial risk of harm to workers or the public, and reckless endangerment charges might be pursued.
Lastly, we might read or hear about public endangerment cases where individuals’ actions in public spaces put others at substantial risk, such as setting hazardous fires in undesignated areas. These cases are often high-profile due to the accused’s blatant disregard for safety and welfare. The legal outcomes can vary widely based on the specifics of each incident, the effectiveness of the defense, and the interpretation of the law by the court.
Consequences Of Reckless Endangerment Charges
Reckless endangerment charges in New York, as in other jurisdictions, hinge significantly on the state’s interpretation of “recklessness” and the surrounding circumstances of each case. The penalties for reckless endangerment can include anything from monetary fines to significant jail time, notably if the reckless behavior leads to actual harm.
Contact Our New York & Long Island Criminal Defense Attorney For Your Reckless Endangerment Charge
For anyone facing reckless endangerment charges, securing experienced legal representation is crucial. An attorney highly skilled in criminal defense can offer strategic advice tailored to the specifics of the incident and work to mitigate the charges or penalties based on the available evidence and legal defenses. Michael A. Arbeit, P.C. will work hard to ensure that you receive the proper defense against a reckless endangerment charge. Contact our office to discuss your specific case.
Michael A. Arbeit, P.C. assists clients throughout Long Island including Nassau County, Suffolk County, Garden City, and New York, including Queens, Brooklyn, Manhattan, Staten Island, and The Bronx.
§ 120.20 Reckless endangerment in the second degree.
A person is guilty of reckless endangerment in the second degree when
he recklessly engages in conduct which creates a substantial risk of
serious physical injury to another person.
Reckless endangerment in the second degree is a class A misdemeanor.
§ 120.25 Reckless endangerment in the first degree.
A person is guilty of reckless endangerment in the first degree when,
under circumstances evincing a depraved indifference to human life, he
recklessly engages in conduct which creates a grave risk of death to
another person.
Reckless endangerment in the first degree is a class D felony.