New York Penal Law § 120.20 – Reckless Endangerment in the Second Degree

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.

Before 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.

There are many instances where prosecutors bring Reckless Endangerment charges, including the following examples:

• Leaving an infant alone in a vehicle on a hot day;
• Attacking someone with a deadly weapon;
• Firing a gun into the air in a crowded area;
• Leaving a loaded gun in the presence of children;
• Throwing rocks or other objects at a moving vehicle; and
• Causing a car accident while driving recklessly.

Often, prosecutors bring Reckless Endangerment in the Second Degree charges along with one or more of the following:

• Reckless Endangerment in the First Degree - N.Y. Penal Law § 120.25
• Reckless Assault of a Child - N.Y. Penal Law § 120.02
• Assault in the Second Degree - N.Y. Penal Law § 120.15
• Assault in the Third Degree - N.Y. Penal Law § 120.00
• Vehicular Assault in the Second Degree - N.Y. Penal Law § 120.03
• Vehicular Assault in the First Degree - N.Y. Penal Law § 120.04
• Aggravated Vehicular Assault - N.Y. Penal Law § 120.04-a

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:

• The defendant's actions, while perhaps negligent, did not rise to the level of recklessness;
• The defendant's actions were unlikely to result in serious injury or death; or
• The defendant was reasonably acting in self-defense or in defense of others.

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.

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.