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Last Updated on: 27th July 2023, 04:35 pm
Reckless endangerment is a criminal offense that prohibits individuals from behaving recklessly and putting others or their property in danger. If convicted of reckless endangerment, you may face serious consequences, including jail or prison time, fines, restitution, and a criminal record. It is critical to contact a New York Reckless Endangerment Sentencing Lawyer, such as Attorney Todd Spodek from the Spodek Law Group, who has extensive experience handling cases involving reckless endangerment.
Under New York Penal Law, there are three types of reckless endangerment offenses: reckless endangerment in the second degree, reckless endangerment of property, and reckless endangerment in the first degree.
Reckless endangerment in the second degree is a Class A misdemeanor that is charged when an individual engages in conduct that creates a significant risk of physical injury to another person. The conduct must be reckless, and the physical injury must be serious. For example, pulling the hair of a driver while they are driving, causing them to temporarily lose control of their vehicle, can lead to a charge of reckless endangerment in the second degree.
Reckless endangerment of property involves putting another person’s property in danger through reckless conduct. This is a Class B misdemeanor charge that can be brought if the conduct creates a substantial risk of damage exceeding $250 to another person’s property.
Reckless endangerment in the first degree is the most serious charge and is a Class D felony. It is charged when an individual engages in conduct that creates a grave risk of death to another person under circumstances that demonstrate a depraved indifference to human life. It is important to note that depraved indifference is an utter disregard for the value of human life, not necessarily an intent to cause harm.
There are several defense strategies that a skilled New York Reckless Endangerment Sentencing Lawyer, such as Attorney Todd Spodek from the Spodek Law Group, can use to reduce or eliminate charges. Some of the defenses include proving that the conduct was not reckless or demonstrating that the prosecution failed to meet its burden of proof.
If convicted of reckless endangerment, you may face a combination of the following punishments: jail or prison time, post-release supervision, probation, fines, restitution, and community service. The severity of the sentence will depend on the specific type of reckless endangerment charge and other factors, including any criminal history and mitigating or aggravating circumstances.
Even after serving your sentence, a conviction for reckless endangerment can have lasting consequences, including difficulty finding employment, being barred from certain professions, being barred from owning a gun, being barred from serving on a jury, and being ineligible for certain government benefits. It is important to have experienced legal representation to minimize the consequences of a reckless endangerment charge.
NY Reckless Endangerment Sentencing
Reckless endangerment is a serious criminal offense in New York that can have life-altering consequences. Whether it’s recklessly firing a gun or throwing objects out of a window, any action that endangers the safety of others or their property is a criminal offense. Reckless endangerment is not a victimless crime, and those who engage in such behavior face severe legal consequences.
At Spodek Law Group, our experienced attorneys understand the seriousness of reckless endangerment charges and know how to protect our clients’ rights. If you have been charged with reckless endangerment, it is important to immediately contact a New York Reckless Endangerment Sentencing Lawyer like Attorney Todd Spodek. We will work tirelessly to ensure that your case is handled with expertise from the beginning until it is resolved.
Types of Reckless Endangerment
Under New York Penal Law, there are three different types of reckless endangerment charges: reckless endangerment in the second degree, reckless endangerment in the first degree, and reckless endangerment of property. Reckless endangerment in the second degree and reckless endangerment of property are misdemeanors, while reckless endangerment in the first degree is a felony.
Reckless Endangerment in the Second Degree
Reckless endangerment in the second degree is a criminal charge that you may face if you recklessly engage in conduct that creates a substantial risk of serious physical injury to another person. In other words, if your actions could have caused someone serious physical harm, you can be charged with reckless endangerment. It is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
For example, in People v. O’Connor, the defendant was charged with reckless endangerment in the second degree after pulling the hair of a driver and causing her to temporarily lose control of her vehicle. At Spodek Law Group, our attorneys have the experience and knowledge to build a strong defense and protect your rights.
Reckless Endangerment in the First Degree
Reckless endangerment in the first degree is a more serious criminal charge that you may face if you recklessly engage in conduct that creates a grave risk of death to another person under circumstances that show depraved indifference to human life. In other words, if you act with a complete disregard for the value of human life, you can be charged with reckless endangerment in the first degree. It is a Class D felony, punishable by up to seven years in prison and a fine of up to $5,000.
For example, in People v. Cena, the defendant was charged with reckless endangerment in the first degree after pouring liquid under an apartment door and attempting to ignite it. There were several people inside the apartment at the time, and the defendant’s actions could have resulted in the loss of human life.
Reckless Endangerment of Property
Reckless endangerment of property is a criminal charge that involves putting another person’s property in danger. You may face this charge if your reckless conduct creates a substantial risk of more than $250 worth of damage to another person’s property. It is a Class B misdemeanor, punishable by up to 90 days in jail and a fine of up to $1,000.
Sentencing for a Reckless Endangerment Conviction
If you are convicted of reckless endangerment, you may face a range of penalties, including imprisonment, fines, restitution, and community service. The severity of your sentence will depend on several factors, including the type of reckless endangerment crime you are convicted of, your criminal background, and any aggravating or mitigating factors related to the crime.
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