What Is Reckless Endangerment?
Reckless endangerment is a charge which can be filed against people who engage in activity with foreseeably dangerous consequences with a disregard for the danger involved. This charge may be a felony or a misdemeanor, depending on the specifics of the situation. Reckless endangerment can also be combined with other charges.
In situations deemed reckless endangerment, people do something which they know is dangerous and they do not exhibit any thought about the potential consequences of what they are doing. They willfully behave in a way which is wanton or reckless, putting other people at risk. No intent to injure or kill is required; it is enough that the person knew an activity could pose a threat and chose to do it anyway.
One example of reckless endangerment could be firing a weapon out the sunroof of a car. The person firing the weapon would be aware that there is a chance that someone could be hit with a bullet, potentially putting people in the area in danger. If someone is injured or killed, the person can be charged with a reckless endangerment felony, because the use of a deadly weapon such as a gun in a reckless endangerment case upgrades the charge to a felony.
Penalties for reckless endangerment vary. Misdemeanors and felonies are punished differently, as are cases in which people injure people as opposed to cases in which people are killed. The specifics of the case can also play a role. For example, someone charged with reckless endangerment and kidnapping will be subject to different penalties than someone who is just charged with reckless endangerment. Some regions of the world have sentencing guidelines for specific types of crimes, in which case a conviction will come with a mandatory penalty, while in other areas the judge may have some discretion.
Mounting a defense to a reckless endangerment charge can take two approaches. One approach involves disputing that the person engaged in the alleged activity at all. The defense may challenge witnesses who claimed to see the defendant and question other evidence which is designed to place the defendant at the scene. People can also attempt to argue that the person was not aware that the behavior was risky, and was therefore not behaving recklessly. Such defenses are very difficult to pursue successfully unless it can be demonstrated that the defendant did not have legal capacity at the time of the crime and thus was unable to make sound decisions or distinguish between right and wrong.
Written by S.E. Smith
