In New York State, there are two different types of Reckless Endangerment charges contained in the New York State penal code. The first is Reckless Endangerment in the 2nd Degree, a Class “A” misdemeanor under New York Penal Law §120.20. The second is Reckless Endangerment in the 1st Degree, a Class “D” felony under New [...]

A person is guilty of reckless endangerment in the second degree when he or she “recklessly” engages in conduct which creates a “substantial risk” of “serious physical injury” to another person. Examples include driving at high speeds through a residential area, or throwing a bottle out of a window in a high rise apartment building. [...]

Conduct by a person is considered reckless when: He or she engages in conduct which creates a substantial and unjustifiable risk of serious physical injury to another person, and; He or she is aware of and consciously disregards that risk, and; That risk is of such nature and degree that disregard of it constitutes a [...]

Serious physical injury is defined as an impairment of a person’s physical condition which creates A substantial risk of death Causes death Causes serious and protracted disfigurement Protracted impairment of health Protracted loss or impairment of the function of any bodily organ There are only two types of injuries in New York law, “serious physical [...]

A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he or she recklessly engages in conduct which creates a grave risk of death to another person. If convicted of Reckless Endangerment in the 1st Degree, you could face up to two and one [...]

This refers to a person’s state of mind. A person has a depraved indifference to human life when that person has an utter disregard for the value of human life, i.e. a willingness to act, not because he or she means to cause grievous harm, but because he or she simply does not care whether [...]

A special jury instruction exists with respect to Reckless Endangerment cases when an individual is voluntarily intoxicated. Voluntary intoxication means that the individual became intoxicated of their own volition and not by force or involuntarily at the hand of another. A person can still act recklessly when he or she creates a substantial risk of [...]

When determining the best criminal defense attorney for you, there are several factors that you should consider and discuss with any potential attorney. Experience- you should know whether your attorney has experience handling misdemeanors and felony charges, specifically for reckless endangerment. Availability- you should know that the attorney has the time to invest in your [...]

For a full list of possible defenses, see Defenses in Criminal Cases.

When an individual is alleged to have committed a crime, the State of New York has the burden of proving to a jury of your peers that you committed the alleged conduct beyond a reasonable doubt. Instead of a trial, a case may resolve by way of a plea bargain. Whether a plea bargain is [...]