Reckless Endangerment in the Second Degree is a crime that prohibits individuals from engaging in reckless conduct that creates a significant risk of serious injury to another person. Reckless Endangerment in the Second Degree is a Class A misdemeanor.
The Elements of Reckless Endangerment in the Second DegreeBefore a judge or jury can convict anyone of Reckless Endangerment in the Second Degree, the government must prove each element of the offense beyond a reasonable doubt. In the context of Reckless Endangerment in the Second Degree, the government must prove that the defendant recklessly engaged in conduct creating a substantial risk of serious injury to another person.
Under § 120.20, "recklessly" is defined as creating and disregarding a substantial and unjustifiable risk of serious physical injury such that ignoring the risk represents a gross deviation from the standard of care an ordinary person would use in that particular situation.
Also, "serious physical injury" refers to any injury that presents a substantial risk of death, long-term health problems, or the loss of the function of any organ.
Examples of Reckless Endangerment in the Second DegreeThere are many instances where prosecutors bring Reckless Endangerment charges, including the following examples:
Often, prosecutors bring Reckless Endangerment in the Second Degree charges along with one or more of the following:
There are several defenses to Reckless Endangerment in the Second Degree that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a "not guilty" verdict. The most common defenses include the following:
Reckless Endangerment in the Second Degree is a Class A misdemeanor. In New York, Class A misdemeanor offenses carry a maximum sentence of up to 364 days in jail and a fine of up to $1,000.
Are you Facing Reckless Endangerment Charges in New York?If you were recently arrested and charged with Reckless Endangerment in the Second Degree, it is essential that you work with an experienced New York criminal defense attorney. While there are defenses to Recklessly Endangering another Person, it is important to understand that a lack of intent is not one of them. Thus, you must identify a defense that fits within the framework of the law to effectively minimize your criminal exposure. At Tilem & Associates, P.C., our New York criminal defense attorneys have a long history of securing favorable results on behalf of our clients charged with Reckless Endangerment and know what it takes to develop a compelling defense in even the toughest cases. We are also immediately available to meet with you to get started working on your defense. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.