What is Reckless Endangerment in the Second Degree in NYC?
In New York, Reckless Endangerment in the Second Degree, Penal Law Section 120.20, is a class A misdemeanor.
A person may be charged with Reckless Endangerment in the Second Degree when a person “recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.”
A charge of Reckless Endangerment in the Second Degree is class A misdemeanor. While the maximum punishment for a Reckless Endangerment in the Second Degree charge is 1 year in jail, depending on the allegations, jail is a rare result for a person who has no prior criminal history.
Retaining an experienced New York City reckless endangerment lawyer early on is crucial in achieving a favorable outcome in your case. Call us or contact us via live chat for a free, confidential consultation today.
Recklessly in Reckless Endangerment in the Second Degree
New York Reckless Endangerment in the Second Degree charges require allegations and proof that a person acted recklessly. New York has a specific 3-part test to determine if alleged acts fir the definition of acting recklessly. A person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person:
- When he or she engages in conduct which creates a substantial and unjustifiable risk of serious physical injury to another person
- When he or she is aware of and consciously disregards that risk; and
- When that risk is of such nature and degree that disregard of it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
The first part of the test has 2 subparts:
- Conduct that creates a substantial and unjustifiable risk; and
- Of serious physical injury to another person
Odds of 50-50, or a coin flip, may not be enough. The risk must be quite high. The risk also must be unjustifiable or without an excuse. It may be a defense if there is a reason that the risk was taken. Next, the injury that could occur cannot be ordinary. There must be a risk of a serious physical injury.
The second part of the test makes clear that it is a defense that a person was not aware of the risk (or even if aware, consciously disregarded the risk). However, this defense does have limits. Some risks are obvious, such as driving four times the speed limit on a narrow residential street or firing a handgun in the direction of where people are or are likely to be. Other risks are not obvious and thus a person may not be aware of a risk. And if a person is not aware of the risk in the first place, it cannot be argued that the risk was consciously disregarded.
The third part of the test is an objective, reasonable person standard. But, the deviation from what a reasonable person would observe must be a gross deviation. Again, whether or not there is such a gross deviation from a reasonable person depends on the specific allegations. There is not a list of what is and what isn’t such a gross deviation.
Sentences in NYC Second Degree Reckless Endangerment Charges
As noted above, Reckless Endangerment in the Second Degree is a class A misdemeanor in New York. That means the maximum punishment is up to 1 year in jail. However, an experienced and aggressive defense attorney may be able to obtain a non-criminal plea bargain or even complete dismissal of the charges, especially if a person has no prior criminal history. Every case is different and depends on the specific facts and allegations.
Speak With a NYC Reckless Endangerment Attorney Today
If you or a loved one is charged with Reckless Endangerment in New York City, we’re here to help. Contacting a Reckless Endangerment lawyer early in your case is important. A knowledgeable and aggressive Reckless Endangerment lawyer may be able to have the charges completely dismissed based on the facts that are different in every case. In the alternative, a Reckless Endangerment lawyer may be able to negotiate a favorable bargain to a non-criminal outcome or a lesser charge.
Contact The Law Firm of Andrew M. Stengel
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