It’s possible to face severe penalties for a criminal offense in New York, and many crimes are misunderstood. One of the most commonly misunderstood offenses that people should be aware of is reckless endangerment. While it’s possible for a person to only be charged with this offense, cases involving reckless endangerment often entail additional offenses as well.
If you have recently been arrested in New York City and face reckless endangerment charges, you must know your rights and the value of defense representation for this situation. The average person may not fully recognize the scope of defensive options available to them at first. But the right attorney can make a tremendous impact on the outcome of the case.
Understanding Reckless Endangerment
The term “reckless endangerment” typically applies to any situation in which one person’s intentional reckless action causes another party to reasonably fear for their safety. While this may be conflated 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. Reckless endangerment can occur in many ways:
- 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 will almost always qualify as reckless endangerment. This is 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. For example, a DWI driver may also face reckless endangerment charges if they had a passenger in their vehicle while intoxicated. There are many ways for reckless endangerment to occur. The penalties for this offense often hinge on its severity, whether the defendant committed other offenses, and the defendant’s criminal record.
Finding a Good Defense Attorney
Every American citizen 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 defensive options. They can even help you to secure a case dismissal in various ways. However, when the conviction is a certainty, they can help their client avoid the most serious penalties they face.
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.
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. We have helped many clients overcome reckless endangerment charges, and we can put our experience to work for you.
Reckless Endangerment FAQs
Q: Can You Go to Jail for Reckless Endangerment in New York?
A: 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.
Q: What Is the Meaning of Reckless Endangerment?
A: A person can be negligent in a manner that is harmful to others. But reckless endangerment indicates a willful desire to put others at risk outside the scope of standard negligence. Any action that causes another person to experience reasonable fear for their personal safety can potentially qualify as reckless endangerment.
Q: What Is Child Endangerment in Comparison to Reckless Endangerment?
A: 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 up to three years in county jail 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.
Q: What Are the Possible Defenses of Reckless Endangerment Charges?
A: A few examples of commonly asserted defenses in reckless endangerment cases include mistaken identity, lack of intent, or lack of any serious threat/danger. It is also possible for a defendant to be charged with reckless endangerment on a false accusation. Your criminal defense attorney can help you determine the best defenses available to you in your situation.
Q: 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.
The Law Offices of Robert Tsigler, PLLC are 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.
