Reckless Endangerment in the First Degree is a New York law that provides harsh punishment for those who put another at grave risk of death while acting with depraved indifference to human life. Reckless Endangerment in the First Degree is a Class D felony.
The Elements of Reckless Endangerment in the First DegreeBeing charged with a crime isn't the same thing as being found guilty. Before a judge or jury can convict you of Reckless Endangerment in the First Degree, the government must prove each and every element of the offense beyond a reasonable doubt. The elements of Reckless Endangerment in the First Degree are:
In this context, "a depraved indifference to human life" means exhibiting an utter disregard
for the value of human life. Thus, while the prosecution doesn't need to prove that the defendant intended to create a risk, they can obtain a conviction by showing that the defendant did not care that death was a likely outcome of their conduct.
Examples of Reckless Endangerment in the First DegreeThere is quite a bit of a gray area between Reckless Endangerment in the First Degree and Reckless Endangerment in the Second Degree. Thus, the decision of whether to charge one crime over the other largely rests with the prosecution. However, the following facts could give rise to charges of Reckless Endangerment in the First Degree:
When prosecutors decide which charges to bring, they rely on the fact surrounding the defendant's arrest. Depending on the allegations, prosecutors may bring the following charges in addition to Reckless Endangerment in the First Degree:
There are several defenses to Reckless Endangerment in the First Degree. Depending on the facts of a case and the type of defense, a successful defense may reduce your sentencing exposure, result in the prosecution withdrawing the case against you, or raise doubt in the jury's mind leading it to return a "not guilty" verdict. The most common defenses include the following:
Notably, the prosecution does not need to present an identifiable victim. Thus, general allegations that a defendant created a substantial risk of death to the public is sufficient. Additionally, there is no requirement that the defendant's actions actually resulted in injury or death.
What Are the Penalties for Violating NY Penal Law § 120.25?Reckless Endangerment in the First Degree is a Class D felony. In New York, Class D felony offenses carry a maximum sentence of up to 7 years in jail and a fine of up to $5,000.
Have You Been Charged with Reckless Endangerment in the First Degree?If you were recently charged with Reckless Endangerment in the First Degree, it is important that you understand the crime you're facing, what the prosecution needs to prove to secure a conviction, and what defenses may be available to you. At Tilem & Associates, P.C., our dedicated New York criminal defense lawyers have decades of hands-on experience aggressively defending the rights, futures and freedom of clients charged with Recklessly Endangering Another Person. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.