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Have you been charged with or arrested on suspicion of reckless endangerment in New York? The consequences of a conviction could follow you for life, so quality legal representation is essential. Here’s what you need to know about reckless endangerment charges in New York and how a knowledgeable attorney can defend your rights.
What Is Reckless Endangerment?
Reckless endangerment is a criminal offense in New York that involves acting with reckless disregard for the safety of others. There are two degrees of reckless endangerment:
- Reckless endangerment in the second degree occurs when a person creates a substantial risk of serious physical injury to someone else.
- Reckless endangerment in the first degree is more serious. It occurs when someone’s actions show a “depraved indifference” to human life and create a grave risk of death to another person.
To prove reckless endangerment, prosecutors must show that the defendant acted recklessly but not intentionally. The key element is the level of risk the defendant’s alleged behavior creates. Additionally, reckless endangerment focuses on how dangerous the actions were, not whether harm actually occurred.
Penalties for Reckless Endangerment in New York
Penalties for reckless endangerment in New York depend on whether the charge is in the first or second degree. Reckless endangerment in the second degree is a class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $1,000.
Reckless endangerment in the first degree is a class D felony, which carries harsher consequences. If convicted of a class D felony, you could face up to seven years in prison and up to $5,000 in fines.
Convictions for first-degree or second-degree reckless endangerment can also carry long-term consequences beyond jail time and fines. A conviction could affect your employment prospects, housing opportunities, and more. If you face reckless endangerment charges in New York, you should contact a lawyer as soon as possible to protect your rights and your future.
Defense Strategies for Reckless Endangerment Charges
Each reckless endangerment case is unique, and different defenses could apply depending on what occurred. Below are some common defense strategies your attorney might use when defending you against reckless endangerment charges in New York:
- Lack of Recklessness: The defense could argue that you did not act recklessly. This might involve showing that you exercised caution or care in your actions, even if an accident occurred. If the defense can demonstrate that you did not disregard the risk to others, it could weaken the prosecution’s case.
- No Substantial Risk of Harm: Your attorney could claim that your actions did not create a substantial risk of serious injury or death. For example, they could present evidence showing that the situation posed little or no danger to others, which would make it difficult for the prosecution to prove reckless endangerment.
- Self-Defense: If you were acting to protect yourself or others from immediate harm, the defense could argue that your actions were justified. In this scenario, the defense could argue that you acted out of necessity and had no choice but to engage in potentially risky behavior to avoid a greater threat.
- Mistaken Identity: In some cases, your defense lawyer might argue that you were not the person who committed the alleged reckless act. This defense involves showing that someone else was responsible for the behavior in question and that prosecutors have accused the wrong person.
Contact a Reckless Endangerment Defense Attorney Now
If you or someone you know is facing reckless endangerment charges in New York, contact Michael A. Arbeit, P.C., for a free initial consultation today. Michael will review your case, explain your legal options, and fight to protect your rights.