New York Penal Law sections 120.20 and 120.25 outline reckless endangerment. This is a very unique crime that is quite different from many offenses outlined under the same New York criminal codes. Reckless endangerment can be charged in the first and second degree and these crimes are not defined by the alleged perpetrator's intent but rather by the degree of recklessness included in his or her actions.
Prosecutors are responsible for establishing in Bronx reckless endangerment cases, that the accused person has acted so recklessly and egregiously that the actions were criminal in nature even if they were not intentional. It is imperative that you find a Bronx reckless endangerment defense lawyer immediately to protect you.
The hiring of a reckless endangerment defense lawyer in the Bronx can go a long way towards making your life easier when you have to defend against these serious charges.
You might assume that there’s been a mistake or that justice will prevail once you simply explain yourself to the arresting officer or the judge. It can be frustrating to realize, however, that without a lawyer, no one else is on your side. In many cases, reckless endangerment may be charged in conjunction with other crimes. With multiple charges on the table, it’s even more important to hire someone you can trust with this delicate situation. Sometimes the prosecution will levy multiple charges because they hope it increases their chances of walking away with at least one conviction against you. When tactics like this are used, you must ensure your future is being protected.
Defining Reckless EndangermentReckless endangerment in the first and second degree contain phrases such as substantial risk of physical injury, serious physical injury, physical injury, depraved indifference to human life and grave risk of death.
Accordingly, the sentence and punishment for reckless endangerment can be very severe. Hiring a Bronx reckless endangerment defense attorney can help you to understand the potential consequences of being convicted of this crime.
As with any other crime, a criminal record can follow you for many years to come and can prevent you from finding rental and employment opportunities. For this reason, you need to protect yourself and find the right reckless endangerment attorney in the Bronx who is familiar with the way that the state typically pursues and prosecutes these cases.
A second-degree reckless endangerment charge may carry a sentence of up to a year in jail because it is a misdemeanor crime and this sentence does not change. You could have no criminal history at all and the maximum sentence can still be up to a year in county or local jail. Even if the maximum stays the same, regardless of a person's criminal history, the prosecutor or court can still take your lack of criminal history into consideration. The felony counterpart of first degree reckless endangerment charges are quite different. There is no minimum for a first-time felony offender and a maximum of two and a third up to 70 years in prison.
A judge could also sentence you to probation, conditional discharge between 2 to 6 years, 1 to 3 years or some variation of that that doesn't exceed 7 years in a state penitentiary in New York. The potential defenses to reckless endangerment should be outlined immediately.
The two most common include whether or not the prosecution can establish the proper degree of injury and factual impossibility. Determining which strategy will work for your case requires consulting with an attorney you trust. The two defenses mentioned above are general ones out of dozens, however, criminal case law strongly supports these and it is likely that your defense lawyer will evaluate these carefully to determine whether one or both apply. You need to rely on someone else's experience and knowledge of the serious consequences associated with a crime if you are accused of reckless endangerment. While the name of the crime does not sound as severe as other felony charges, whether it’s as a misdemeanor or a felony, reckless endangerment can impact your life for many years to come. You cannot afford to leave this up to chance and should instead hire a criminal defense lawyer you can trust.