NYC Reckless Endangerment Lawyer

If you or a loved one has been charged with reckless endangerment in New York City, it is crucial to seek an experienced New York reckless endangerment lawyer. At the Law Offices of Mehdi Essmidi, we understand the gravity of these charges and the impact a conviction can have on your life. Mehdi Essmidi is a former NYC prosecutor who fights tirelessly to protect his client’s rights. Contact us today for a free consultation.

Reckless Endangerment in New York

Reckless endangerment involves acting in a manner that creates a substantial risk to another person.

Reckless Endangerment in the Second Degree

Second-degree reckless endangerment takes place when a person engages in conduct that creates a substantial risk of serious physical injury to another person. This crime is a class A misdemeanor and can result in a maximum sentence of up to one year in county jail.

Reckless Endangerment in the First Degree

First-degree reckless endangerment, as defined by New York Penal Law, happens when a person, under circumstances that suggest a depraved indifference to human life, recklessly engages in conduct that creates a grave risk of death to another person. This crime is a class D felony and can result in a maximum sentence of up to seven years in prison.

Endangering the Welfare of a Child (NY Penal Law § 260.10)

This takes place when a person knowingly acts in a manner likely to injure the welfare of a child under 17 or fails to exercise reasonable care to prevent the child from becoming neglected. This offense may involve reckless conduct, failure to provide proper supervision, or exposing a child to harmful situations.

• A conviction for endangering the welfare of a child can result in criminal penalties of up to 1 year in jail for a Class A misdemeanor.
• In serious cases, it may also trigger child protective services (CPS) investigations that could affect custody or parental rights.

If you have been charged with child endangerment, it is essential to seek the assistance of a New York reckless endangerment lawyer to evaluate legal alternatives.

Defenses to Reckless Endangerment Charges

Some potential defenses to reckless endangerment charges include:

Lack of reckless conduct: To prove reckless endangerment, the prosecution must establish that the defendant acted recklessly. An experienced attorney may argue that your actions did not constitute reckless conduct if they did not create a substantial or unjustifiable risk of injury or death.

Reasonable person standard: A possible defense may argue that your actions were not a gross deviation from what a reasonable person would have done in the same situation. This defense may be used to establish that your conduct was not reckless or that it did not create a substantial or unjustifiable risk.

Lack of intent to harm: If the prosecution cannot prove that you met the requisite of depraved indifference to human life, it might affect your charge’s severity or even get your case dismissed.

Potential Outcomes of Reckless Endangerment Cases

The outcome of a reckless endangerment case depends on the circumstances of the case, the degree of endangerment, and prior criminal history. Possible outcomes may include:

Dismissal of charges: Charges against you may be dismissed if there is insufficient evidence to support the allegations or if your rights were violated during the investigation or arrest process.

Plea bargain: In some cases, a plea bargain may result in reduced charges or a more lenient sentence.

Trial and acquittal: If your case goes to trial, the jury may find you guilty or not guilty.

Trial and conviction: If you are found guilty at trial, a judge determines your sentence based on the degree of the reckless endangerment charge, the circumstances of the case, and criminal history.

Alternative sentencing: Depending on the circumstances of your case, alternative sentencing options such as community service or conditional discharge may be negotiated.

Contact Us for a Free Consultation

At the Law Offices of Mehdi Essmidi, our team understands the complexities of reckless endangerment cases in New York City. We are committed to providing personalized and aggressive representation to protect your rights and secure the best possible outcome for your case.

With our extensive knowledge of New York law and experience defending clients charged with reckless endangerment, we are confident in our ability to help you face the legal process. Contact the Law Offices of Mehdi Essmidi today for a free consultation.

Frequently Asked Questions

What is reckless endangerment under the New York Penal Law?

Under New York Penal Law, reckless endangerment takes place when a person’s actions create a substantial risk of serious risk to another. The law distinguishes between first-degree reckless endangerment, a class D felony, and second-degree reckless endangerment, a misdemeanor offense. Both charges depend on whether the actions showed depraved indifference to human life.

What is the difference between first-degree reckless endangerment and second-degree reckless endangerment?

Second-degree reckless endangerment is a misdemeanor and applies when someone recklessly engages in conduct that creates a substantial risk of serious injury. First-degree reckless endangerment, on the other hand, is a class D felony and requires proof that the accused acted with utter disregard for human life, creating a grave risk of death or impairment to another person.

What are the potential penalties for a reckless endangerment conviction in New York?

A reckless endangerment conviction depends on the degree of the charge. Second-degree reckless endangerment is a misdemeanor, carrying penalties of up to one year in county jail. First-degree reckless endangerment is a felony, punishable by up to seven years in prison. Additional consequences may include fines, probation, a criminal record, and restitution.

How does a prior criminal history affect a reckless endangerment charge?

A defendant with a prior criminal history, especially a prior felony, may face harsher penalties. Judges often impose a minimum prison sentence if the defendant has a previous record for violent or criminal offenses. A history of similar reckless endangerment cases can also lead to a less favorable plea deal and a higher likelihood of a maximum sentence.

Can self-defense be used against a reckless endangerment charge?

Self-defense may be a viable defense if the defendant’s actions were necessary to prevent imminent harm. However, the success of this defense depends on whether the conduct was considered reckless under the circumstances. A skilled NYC reckless endangerment lawyer can assess whether the legal standard for self-defense applies in your case.

What should I do if I’m charged with reckless endangerment in New York?

If you are charged with reckless endangerment, hire a criminal defense attorney to evaluate your case, build a strong defense, and potentially negotiate to reduce or dismiss the charges.