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Aggressive Defense for New Yorkers Charged with Reckless Endangerment
If you or a loved one has been charged with reckless endangerment in New York City, it is crucial to seek the guidance of an experienced New York reckless endangerment lawyer. At the Law Offices of Mehdi Essmidi, P.L.L.C., we understand the gravity of reckless endangerment charges and the impact a reckless endangerment conviction can have on your life. Mehdi Essmidi is a former NYC prosecutor who fights tirelessly to protect his client’s rights and preserve their futures.
What is Reckless Endangerment?
Reckless endangerment is a criminal offense under New York Penal Law, which involves engaging in reckless conduct that creates a substantial and unjustifiable risk of serious physical injury or death to another person. The crime is committed when a person acts with depraved indifference to human life and creates a grave risk of death or serious injury.
There are two degrees of reckless endangerment: first-degree reckless endangerment and second-degree reckless endangerment.
Reckless Endangerment in the First Degree
First-degree reckless endangerment, as defined by New York Penal Law, occurs when a person, under circumstances evincing 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.
Reckless Endangerment in the Second Degree
Second-degree reckless endangerment occurs when a person recklessly 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.
What Constitutes Serious Physical Injury?
Under New York law, serious physical injury is defined as physical injury that creates a substantial risk of death or causes death, serious and protracted disfigurement, or protracted impairment of health or the function of any bodily organ. The term “physical injury” refers to any impairment of a person’s physical condition or substantial pain.
Reckless Endangerment Charges and the Impact of Prior Criminal History
If you have a prior criminal history, a reckless endangerment charge can have severe consequences on your life. A reckless endangerment conviction will add to your criminal record, which can negatively affect your employment, housing, and educational opportunities. It is vital to consult a knowledgeable New York reckless endangerment attorney to help minimize the consequences of a reckless endangerment crime on your future.
Child Endangerment and Reckless Endangerment
Child endangerment, a form of reckless endangerment, occurs when a person creates a substantial and unjustifiable risk to a child’s well-being. This crime can result in grave consequences, such as the loss of parental rights or involvement with child protective services. If you have been charged with child endangerment, it is essential to seek the assistance of a New York reckless endangerment lawyer who can help protect your rights and family.
Defenses to Reckless Endangerment Charges
An experienced New York reckless endangerment attorney will assess the circumstances of your case and develop a strong defense strategy. 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 can argue that your actions did not constitute reckless conduct, as they did not create a substantial or unjustifiable risk of injury or death.
- No serious physical injury or grave risk of death: Your attorney may argue that the alleged victim did not suffer a serious physical injury or that your actions did not create a grave risk of death.
- Reasonable person standard: Your attorney can argue that your actions were not a gross deviation from what a reasonable person would have done in the same situation. This defense can 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: Your attorney may argue that you did not have the requisite depraved indifference to human life, which is a critical element for a first-degree reckless endangerment charge. Establishing that you had no intention of causing harm can be an effective defense.
Potential Outcomes of Reckless Endangerment Cases
The outcome of a reckless endangerment case depends on various factors, including the specific circumstances of the case, the degree of endangerment, and the defendant’s prior criminal history. Possible outcomes may include:
- Dismissal of charges: Your New York reckless endangerment attorney may succeed in having the charges against you dismissed if they can demonstrate that there is insufficient evidence to support the allegations or that your rights were violated during the investigation or arrest process.
- Plea bargain: In some cases, your attorney may negotiate a plea bargain with the prosecution, which can result in reduced charges or a more lenient sentence.
- Trial and acquittal: If your case goes to trial, your attorney will present a strong defense on your behalf. If the jury finds you not guilty, you will be acquitted of the charges.
- Trial and conviction: If you are found guilty at trial, the judge will determine your sentence based on the degree of the reckless endangerment charge, the circumstances of the case, and your criminal history.
- Alternative sentencing: Depending on the circumstances of your case, your attorney may advocate for alternative sentencing options, such as community service or conditional discharge.
Why Choose The Law Offices of Mehdi Essmidi, P.L.L.C. as Your New York Reckless Endangerment Lawyer?
At the Law Offices of Mehdi Essmidi, P.L.L.C., 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 our proven track record in defending clients charged with reckless endangerment, we are confident in our ability to help you navigate the legal process and fight for your freedom. Don’t let a reckless endangerment charge define your future. Contact the Law Offices of Mehdi Essmidi, P.L.L.C. today for a free consultation.