NYS Penal Law on Reckless Endangerment Explained
Reckless Endangerment in the State of New York
NYS Penal Law defines Reckless Endangerment as follows;
RECKLESS
ENDANGERMENT IN THE FIRST DEGREE (PL 120.25 = C Felony)
PL 120.25(1) Recklessly engages in conduct which creates a substantial risk of serious physical injury to another person and thereby causes serious physical injury to another person , he is guilty of reckless endangerment in the first degree. Reckless Endangerment in the First Degree is a Class C felony which means there is a maximum sentence of 15 years in prison.
Reckless Endangerment in the Second Degree 120.20 (A Misdemeanor) is different from Reckless Endangerment in the First Degree because there is no "serious physical injury" required. The difference between a misdemeanor conviction and a first degree felony conviction could be 15 years in state prison. Its one of the reasons to consider hiring a private attorney.
Reckless Endangerment Degrees
There are various degrees of reckless endangerment. Dealing with the general reckless endangerment offense, Penal Law § 120.20, first degree recklessly endangering (PL § 120.25) is an E felony, while a charge of second degree recklessly endangering (PL § 120.05) is a misdemeanor.
First Degree Recklessly Endangering. PL § 120.25 requires the Prosecutor to prove that the defendant acted in such a way that "creates a grave risk of death to another person and thereby causes serious physical injury to another person." The thing that distinguishes first degree from second degree reckless endangerment is the requirement that the defendant has caused serious physical injury to another person. That element is not required for second degree reckless endangerment, which only requires a lesser showing of creating a substantial risk of serious physical injury to another person.
Second Degree Recklessly Endangering. PL § 120.05 lists various categories of recklessness that are graded as misdemeanors rather than E felonies and thus constitute the crime of second degree recklessly endangering. These include:
Driving a snowmobile in a reckless manner that creates a substantial risk of serious physical injury to another person (PL § 120.05[3]);
Driving an all-terrain vehicle in a reckless manner that creates a substantial risk of serious physical injury to another person (PL § 120.05[4]);
Causing a minor to engage in conduct described above (PL § 120.05[5]); and
Causing an animal to engage in such conduct (PL § 120.05[6]);
Penalties for Reckless Endangerment Conviction
The legal consequences of a reckless endangerment charge can be severe, with fines, imprisonment, and other penalties that correspond directly to the degree of the offense for which the defendant is ultimately convicted. Because of the possible ramifications, it is very important for anyone charged with a violation of NYS Penal Law on Reckless Endangerment to obtain the counsel of an experienced lawyer to guide them through the complex legal proceedings they must soon face. If convicted of misdemeanor 2nd degree reckless endangerment, the defendant may be punished with a period of up to one year in jail and/or a fine not to exceed $1,000. Upon conviction of misdemeanor 3rd degree reckless endangerment, the defendant could also receive up to one year in jail and/or a fine not to exceed $1,000. A felony 2nd degree conviction could result in a defendant incurring prison time of up to seven years. Felony 1st degree reckless endangerment calls for a possible sentence of up to fifteen years in prison. Both sentences are not guaranteed, since the sentencing judge has discretion in determining these matters.
Defense Strategies for Reckless Endangerment Charges
Every defendant in a New York case has the right to present a defense in order to gain an acquittal or a lesser charge or sentence, and this applies to reckless endangerment as well as any other charge. The particulars of your defense will depend on the circumstances surrounding your case, but here are some common defenses that may be employed in cases of reckless endangerment.
Mistaken Identity – The prosecution’s case will likely be built on the testimony of both police officers and witnesses to support their argument that you endangered the public. If you did not commit the crime, you can argue mistaken identity, that is, that you were misidentified as the actual offender. For instance, if you are involved in a bar fight that your neighbors say spilled out into the street, and someone in the crowd ends up injuring someone with a weapon, you could be charged with reckless endangerment . If, in fact, you did not wield the weapon, and another person is later arrested for it, you may be able to convince the court that you are not guilty.
Self Defense- This is most commonly used when the defendant used some level of force to protect not only himself or herself, but also another person from being harmed. In order to defend yourself against a reckless endangerment charge, you must be able to show that your actions were reasonable, that is, if you put other people at risk, could you also prove that the actions you took that put others at risk were, in fact, necessary to protect yourself and to protect others?
Lack of Intent- If there was no intent to cause harm to another person, it can be difficult to prove a reckless endangerment allegation. For instance, if your third drunk driving offense allegedly resulted in the death of another person, the prosecution may allege reckless endangerment, but if, in fact, you were not endangering someone else, then you could challenge the allegation.
Similar Crimes and How They Compare
Many offenses are very similar to the crime of reckless endangerment under New York Penal Law. While most crimes have elements that overlap, the following charges most closely resemble the elements of NY PL § 120.25:
NY Penal Law § 121.11 (Hazardous Substances) – It is unlawful for any person to negligently cause the release of any hazardous substance or to discharge a contaminant into the waters of the state. More specifically, a driver who negligently spills chemicals onto the side of the road or a business owner who fails to secure a chemical properly could be charged with violating PL § 121.11.
NY Penal Law § 125.15 (Criminally Negligent Homicide) – To be guilty of criminally negligent homicide, a person must commit criminal negligence that results in death. There must be a death caused by the conduct of the defendant that includes circumstances and results that constitute criminal negligence.
NY PL § 120.03 (Second-Degree Assault and 120.04 (First-Degree Assault) – Both of these charges are often directly related to reckless endangerment. Where reckless behavior causes injury, there may be grounds for an assault charge. A reckless person also has in more instances caused another person’s death. This could potentially justify both reckless endangerment and criminally negligent homicide charges.
NY PL § 120.06 (Menacing with a Deadly Weapon) – As with assault, menacing with a deadly weapon can be charged in the event a reckless person causes another person unnecessary harm or injury. While it does not have to be a deadly weapon (NY PL § 120.20), it could include a motor vehicle or other object used in a reckless manner.
NY PL § 280.02 (Endangering the Welfare of a Child) – If reckless endangerment causes circumstances that could cause harm to a child, the reckless person could face endangering the welfare of a child (NY PL § 260.10) charges. The negligent act that places a child or guardian under the age of 17 in danger of physical, mental, or emotional impairment can result in endangerment charges.
It is important to remember that there may be additional elements that separate the above-named crimes from reckless endangerment as defined by Penn Law § 120.25. In most cases, the level of culpability directly varies per each of the above offenses. For example, the recklessness required for second-degree assault charges under §120.05 is a significantly higher culpability than required for first-degree reckless endangerment under §120.25.
Where to Get Legal Representation for Reckless Endangerment
If you or someone you know has been charged with NYS Penal Law § 120.20 Reckless Endangerment in the first degree, it is crucial that you seek legal assistance as soon as possible. The process of facing such charges can be lengthy and complex, so having an experienced defense attorney by your side can make a significant difference in your case.
The first step in finding legal representation is to do your research. Ask trusted friends or family members for recommendations, or search online for qualified attorneys in your area. You can also simplify the process by searching for lawyers who are members of the National College for DUI Defense (NCDD) – a sign that they have proven experience in handling cases similar to yours.
Once you have a shortlist of potential lawyers , schedule a consultation to discuss your case with them directly. Ask questions about their experience, their legal strategies, and how they would handle a case like yours. It’s important to find a lawyer who is not only knowledgeable but also someone you feel comfortable with.
After the initial consultation, you should both have a better idea of whether or not you are a good fit for one another. The next step is to ensure that you communicate openly and honestly with your attorney about your case. Be sure to ask any additional questions you may have, and provide your attorney with all the facts related to the incident – no matter how small or seemingly insignificant they may be.
If you’ve been charged under NY Penal Law § 120.20 Reckless Endangerment in the first degree, getting legal assistance right away will be pivotal in fighting these criminal charges.