Criminal Defense Lawyers

What is Reckless Endangerment in New York?

Last Updated on: 10th February 2025, 12:00 am

What Is Reckless Endangerment in New York?

If you’re on our website, it’s because you’re in legal trouble and need top rated criminal lawyers. At Spodek Law Group, we understand how confusing these charges can be. Our mission is to help you. Regardless of the situation you’re dealing with, or the stage of the case, we can help you, and our only objective is to get the case against you dismissed, or significantly diminished, and work toward a successful resolution.

Breaking Down Reckless Endangerment

Second-Degree Reckless Endangerment (NY Penal Law §120.20)

• A Class A misdemeanor.
• Prosecution must show you created a substantial risk of serious physical injury to someone else.
• Penalties can include up to one year in jail, fines, and a criminal record that can affect your entire future.

First-Degree Reckless Endangerment (NY Penal Law §120.25)

• A Class D felony.
• Requires proof of “depraved indifference” to human life.
• Potentially up to seven years in prison, plus costly fines.

These laws might sound technical, but the core idea is simple: if prosecutors believe you ignored a serious risk of harm, they’ll push for the highest penalties possible. We’ve seen cases where the prosecution tries to [If you have received a target letter, or federal authorities have come to your doorstep alleging you broke the law, you should hire an experienced New York criminal lawyer – ASAP]. That’s why you need attorneys who know how to [We’ll look at all the possible outcomes, and we’ll try to get you the best outcome].

Potential State vs. Federal Complications

Most reckless endangerment cases happen in state court. But if your alleged act happened on federal property, or if there’s an overlapping federal crime (for instance, 18 U.S.C. §924(c) if a firearm was involved in a broader “crime of violence”), federal prosecutors might step in. That means stricter sentencing guidelines, potential mandatory minimums, and less leeway for judges.

Double Jeopardy Worries
Yes, you can be tried in both state and federal court if each jurisdiction claims a separate violation. It’s not typical for a pure reckless endangerment charge, but we’ve seen cases where the feds add extra charges. We’ll work to reduce any chance of dual prosecution by [We have experience handling tough cases nationwide] and building a defense strategy that addresses both possibilities.

Penalties You Need to Know

Being convicted can involve jail time, hefty fines, and other ripple effects. Below is a quick look at what you’re facing:

A conviction sticks around for a long time. There are many consequences of a federal or misdemeanor conviction. That’s why we are available 24/7, to provide a risk free consultation.

Defense Strategies: Making Sense of Different Scenarios

1. No Real Risk of Harm
   Sometimes the prosecution claims you acted “recklessly” when the facts show no substantial risk of injury. For example, if a firearm discharged in a remote area with no one around, or if the incident involved fireworks but you took enough safety precautions, we can argue the scenario was more about unfortunate timing than true recklessness.
2. Mistake or Accident
   Accidents do happen. If there’s evidence you lacked criminal intent, we can highlight that. Recklessness is about knowingly ignoring a major risk. If you had no reason to believe anyone was endangered, it weakens the prosecution’s argument.
3. Constitutional Violations
   If law enforcement searched your home or car without a warrant, or coerced you to make statements against your will, we’ll push to suppress that evidence. Without the evidence they obtained illegally, the entire case might collapse.
4. Self-Defense or Defense of Others
   Suppose you fired a warning shot to scare off someone threatening you or your family, and nobody got hurt. The prosecution might still go for reckless endangerment. But if we show you were lawfully defending yourself, we can undercut their claims of “depraved indifference.”
5. Federal Twists
   Reckless Endangerment itself may not be a federal charge, but if it dovetails with allegations of possessing a weapon illegally, crossing state lines for criminal conduct, or something that triggers federal jurisdiction, the stakes grow. We’ve handled high-stakes federal cases nationwide, and we know how federal prosecutors approach these matters.
6. Factual Discrepancies and Witness Credibility
   We frequently find that the prosecution’s narrative relies on the account of a single witness. Maybe that witness has a grudge against you. Maybe they’re exaggerating. We can challenge their credibility, highlight inconsistencies, and present our own evidence to cast doubt on the state’s entire theory.

Unique Insights and Edge Cases

• Media Attention: If the case is high-profile, the DA might feel pressured to pursue max penalties. We’re experienced in handling cases with [We’ve been on all major news outlets for legal insights]. We know how to balance public perception with a strong defense.
• Prior Criminal Record: If you have prior convictions, prosecutors might argue you have a pattern of dangerous behavior. We’ll show the court that each case is different.
• Accident vs. Crime: In many serious accidents, [Our team has experience dealing with some of the toughest legal issues nationwide]. We can demonstrate that negligence is not the same as recklessness.
• Sentencing Guidelines in Federal Cases: If you’re fighting a federal charge, remember that federal judges must consider certain guidelines. We’ll work to challenge the underlying assumptions or argue for a departure based on your specific circumstances.

Practical Tips for Moving Forward

1. Don’t Wait
   The sooner you call an attorney, the better. Witness memories fade, surveillance footage disappears, and once you make statements, they’re on the record.
2. Gather Documentation
   If there’s any paperwork, photos, videos, or text messages related to your case, keep them organized. That evidence might prove crucial.
3. Stay Off Social Media
   You might think a quick post defending yourself is harmless. It’s not. Prosecutors and investigators comb through online content to build their case.
4. Ask Questions
   We want you to understand every aspect of your situation. If something’s unclear or you have concerns, tell us. We’re here to help.

How Spodek Law Group Helps You

At Spodek Law Group, our attorneys have over 50 years of combined experience dealing with cases that seemed impossible to win. Our founder, Todd Spodek, is a second-generation criminal defense lawyer who’s seen it all. We handle federal and state cases – from NYC to LA – and we always put our clients’ interests first.

• Accessibility: We’re available 24/7 to speak with you. If you have a question at 3 AM, call us.
• Transparency: Our online portal gives you real-time updates on your case. No endless phone tag, no secrecy.
• Selectivity: We only work with clients we can help. This ensures every single person we represent gets the attention they deserve.
• Customer Service: Spodek Law Group is known for providing the best possible customer service.