What Is Reckless Endangerment?

The definition of this criminal offense varies from state to state. Most states also recognize different degrees of reckless endangerment. The specific charge often depends on whether the defendant’s behavior actually creates the risk of serious physical injury.

Here, we’ll explain the crime of reckless endangerment, including the penalties and defenses to this offense. If you’re facing reckless endangerment charges, you should contact an experienced attorney familiar with criminal law.

Reckless Endangerment Can Be a Felony or Misdemeanor

When a law enforcement officer arrests someone for reckless endangerment, they’ll recommend that the prosecutor file misdemeanor or felony charges. The severity of the charge depends on the specific facts of your case, state law, and your criminal history.

Generally, most states treat first-degree reckless endangerment as a felony, a criminal offense punishable by jail time, fines, and other criminal penalties.

If you’re a first-time offender or your actions don’t cause a substantial risk of death, the state may charge you with a misdemeanor rather than a felony. The specific charge depends on your state laws.

For example:

• According to Alabama’s criminal code, reckless endangerment is classified as a Class A misdemeanor.
• Connecticut classifies second-degree reckless endangerment as a Class B misdemeanor.
• In Washington, this crime constitutes a gross misdemeanor, which carries a possible one-year jail sentence and fines of up to $5,000.

Most states differentiate between misdemeanor endangerment and felony endangerment. If a person commits this crime using a deadly weapon, the state will usually charge them with a felony. If, on the other hand, the defendant’s actions only create a risk of minor harm, the prosecutor may pursue misdemeanor charges instead.

Another factor that determines whether a defendant faces misdemeanor or felony charges is the victim’s status. For example, most states categorize child endangerment as a felony because the victim is a child. The same is true for reckless endangerment cases involving an older adult or a person with special needs.

What Does the State Need to Prove for a Reckless Endangerment Conviction?

To convict someone of reckless endangerment, the state must prove every element of the crime beyond a reasonable doubt. If they cannot do this, the jury (or judge) must acquit the defendant of the charges.

In a reckless endangerment case, the prosecutor generally must prove the following:

• The defendant engaged in reckless behavior
• Their actions created a substantial risk of death or serious bodily injury

It’s important to note that the victim does not have to suffer an actual injury for the defendant to be found guilty. It is enough that the defendant created the risk of significant bodily harm or death.

Some common examples of reckless endangerment include:

• Driving under the influence (DUI)
• Reckless driving
• Firing a weapon in a large crowd
• Driving the wrong way on a busy street

In some cases, a defendant will face charges of reckless endangerment in addition to another crime. For example, if a person drives drunk while their children are in the motor vehicle, the law enforcement officer will likely charge them with both reckless endangerment and DUI.

What Is the Difference Between Reckless Endangerment and Criminal Negligence?

While both reckless endangerment and criminal negligence involve creating a risk of harm, the key difference lies in the defendant’s mental state.

• Reckless endangerment requires that the defendant was aware of a serious and unjustifiable risk but consciously disregarded it. It is about knowing the potential for danger and acting anyway.
• Criminal negligence occurs when a person fails to perceive a risk that a reasonable person would have been aware of and should have avoided. The person wasn’t necessarily aware of the danger, but their failure to recognize it was a gross deviation from the standard of care.

Consider this example:

• Recklessness: A driver who knows their brakes are faulty decides to speed down a busy street anyway. They are aware of the risk and ignore it.
• Negligence: A driver who never performs maintenance on their car, so the brakes fail unexpectedly. A reasonable person would have had the brakes inspected regularly, but this driver failed to perceive that risk.

Because reckless endangerment involves a conscious disregard for safety, it is generally considered a more serious offense than criminal negligence.

Penalties for a Charge of Reckless Endangerment

The penalties for reckless endangerment depend on whether the state convicts you of a felony or misdemeanor. For a misdemeanor conviction, you may face jail time of up to a year and fines anywhere from a few hundred to a few thousand dollars.

If the state convicts you of felony reckless endangerment, the penalties are much more severe. The fines for this offense can exceed $10,000, and a person guilty of this crime may face up to ten years in prison.

Defenses to the Crime of Reckless Endangerment

Defending against a reckless endangerment charge often involves challenging the prosecution’s claim that your behavior was truly “reckless.” Some of the possible defenses to reckless endangerment include:

• You were not aware of the risk posed: Arguing that you did not consciously disregard a known risk of serious harm.
• It was an accident: The situation was a pure accident and not the result of reckless choices or behavior.
• Lack of evidence: The prosecution cannot prove one or more elements of the crime beyond a reasonable doubt.
• Mistaken identity: You were not the person who committed the alleged act.

An “affirmative defense” like self-defense may apply in certain situations. For example, if someone was chasing you in their vehicle and you drove recklessly to escape, you could argue that your actions were justified to protect yourself from imminent harm.

One of the primary reasons defendants seek the help of a criminal defense attorney is that they need someone to assist them in crafting a legal defense strategy.

Seek Legal Advice if You’re Facing Criminal Charges

If the state has filed charges of reckless endangerment against you, there’s a real possibility that you may end up in jail or even prison. Depending on the facts of your case, you may be facing misdemeanor or felony charges. The penalties for this crime can be severe, and the best way to increase your chances of an acquittal or a favorable plea bargain is to retain a skilled criminal defense lawyer. A local attorney will be well-versed in the criminal laws of your state and know how to build the strongest possible defense.