New York Penal Law § 120.25 – Reckless Endangerment in the First Degree

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.

Being 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:

• The defendant recklessly engaged in conduct creating a grave risk of death to one or more people; and
• The defendant acted with a depraved indifference to human life.

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.

There 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:

• Allowing a child to handle a loaded firearm;
• Driving a school bus while under the influence of alcohol;
• Setting a deadly booby trap on one's property; and
• Throwing an old air conditioning unit out of an apartment window onto the crowded street below.

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:

• Reckless Endangerment in the Second Degree - N.Y. Penal Law § 120.20
• Reckless Assault of a Child - N.Y. Penal Law § 120.02
• Vehicular Assault in the First Degree - N.Y. Penal Law § 120.04
• Vehicular Assault in the Second Degree - N.Y. Penal Law § 120.03
• Aggravated Vehicular Assault - N.Y. Penal Law § 120.04-a
• Assault in the Third Degree - N.Y. Penal Law § 120.00
• Assault in the Second Degree - N.Y. Penal Law § 120.15

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:

• The defendant's actions, while negligent, were not reckless;
• The defendant did not exhibit a depraved indifference to human life;
• The defendant's actions were not likely to result in actual injury or death; or
• The defendant's actions were in self-defense or the defense of another person.

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.

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.

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.