Last Updated on: 15th October 2023, 12:23 pm

What is Reckless Endangerment in Queens?

Under New York law, a person is guilty of reckless endangerment when they recklessly engage in conduct that creates a substantial risk of serious physical injury to another person. This crime applies even if no actual injury occurs. Some examples of reckless endangerment include:

• Driving under the influence of alcohol or drugs with children in the car
• Pointing a loaded gun at someone as a joke
• Throwing objects off an overpass onto a busy road

Unlike criminal negligence laws, reckless endangerment requires the person to be aware that their conduct could seriously harm someone. They consciously disregard that risk and act anyway. The prosecution only needs to prove that the defendant’s actions potentially endangered someone’s safety, not that injury actually occurred.

Penalties for Reckless Endangerment Convictions in Queens

Reckless endangerment is classified as a Class A misdemeanor in New York. If convicted, possible penalties include:

• Up to 1 year in jail
• Up to $1,000 in fines
• Community service
• Probation

The penalties increase for second or subsequent offenses within 10 years. You could face up to 4 years in prison if convicted of multiple reckless endangerment charges. These severe consequences demonstrate the need for an aggressive defense.

Defenses to Queens Reckless Endangerment Charges

Several legal defenses could potentially beat a reckless endangerment charge in Queens. A knowledgeable criminal defense lawyer will evaluate the facts of your case to determine the best defense strategies. Possible defenses include:

No Recklessness

If the evidence shows you did not consciously disregard a substantial risk of harm, then you did not act recklessly. For example, a driver who swerves to avoid an animal in the road is not reckless even though it could endanger other motorists. There was no conscious choice to drive dangerously.

No Serious Danger

The prosecution must also prove your actions created a substantial risk of serious injury or death. If your conduct realistically posed little to no threat of severe harm, then a reckless endangerment charge may get dismissed.

Self-Defense

Actions taken in self-defense or defense of others may justify conduct that would otherwise seem reckless. For instance, shooting at an armed intruder inside your home could be lawful self-defense instead of reckless endangerment.

False Accusations

If the alleged victim fabricated the accusations against you, an attorney can build a defense challenging their credibility and motives. Witness interviews and gathering exculpatory evidence can expose false allegations.

Why Hire a Queens Reckless Endangerment Lawyer?

An experienced Queens criminal defense attorney has in-depth knowledge of reckless endangerment laws and how prosecutors typically handle these cases. They will determine if police violated your rights or if the district attorney’s office has enough proof to convict. A skilled lawyer may be able to get charges reduced or dismissed through negotiations with the prosecution. If a trial becomes necessary, they have the courtroom skills needed to attack the evidence and create reasonable doubt. A lawyer can also advocate for minimal penalties if you plead guilty or are convicted after trial.

Don’t leave your future to chance. The legal team at My Firm has successfully defended clients against reckless endangerment and other criminal charges throughout Queens and New York City. We have the resources and determination to build the strongest possible defense for your case. Call today for a free consultation.

Frequently Asked Questions

What if I was falsely accused of reckless endangerment?

False accusations happen, and you should never assume the police or prosecutors will figure out you’ve been wrongly accused. A dedicated Queens criminal defense lawyer will independently investigate the allegations and work to expose lies or misinformation. We can also advise you on defamation claims if appropriate.

Should I accept a plea bargain or go to trial?

Whether to accept a plea offer or take your case trial is an important decision that requires careful consideration of the evidence, potential outcomes, immigration status, and other factors. An experienced attorney will explain your options so you can make an informed choice that protects your future.

Can charges get dismissed before trial?

Yes, there are many opportunities to get charges dismissed before trial. An attorney may win a dismissal through a suppression hearing challenging improper police conduct. We can also negotiate with the district attorney’s office to get charges dropped or reduced. Prosecutors may dismiss weak cases on their own before an indictment.

Will a conviction affect my job, immigration status, or custody rights?

A reckless endangerment conviction can negatively impact your life in many ways. You may lose a professional license or have trouble finding work. Immigration consequences include deportation and denial of citizenship. Custody rights could also be affected. Let us help you avoid these collateral consequences.

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