Spokane Lawyer for Reckless Endangerment Charge
For a charge of Reckless Endangerment, the prosecutor has to prove beyond a reasonable doubt that the defendant's conduct posed a considerable risk that death or serious physical pain or injury could result, and that this conduct amounted to a gross deviation from how a reasonable person would have acted under similar circumstances. There is a lot of subjectivity in this definition, and prosecutors charge this offense for a variety of conduct. At our law firm, we have seen Reckless Endangerment charged for the following alleged conduct. Examples include:
- Shooting firearms or bb guns too close to schools or playgrounds
- Throwing objects off of roof tops or off of highway overpasses
- Allowing passengers to sit in the car windows of moving vehicles
- Committing domestic violence in front of children
- Allowing spoiled food to be served in restaurants
- Leaving a loaded firearm where young children may find it.
Whether any particular action amounts to "reckless endangerment" is for the jury to say. However, usually a charge is based on the prosecuting attorney's view of "the facts" which usually does not reflect the reality of what may have occurred. It is important for a defense lawyer to track down any relevant witnesses.
Reckless Endangerment Penalties
Reckless Endangerment is a gross misdemeanor, and it can be punished by up to 364 days in jail and a fine of $5000. It is possible that probation of 2 years may be ordered, and if the offense was alcohol-related, the judge may order that the defendant obtain a drug and alcohol evaluation. If the offense was related to domestic violence, a person may lose his or her firearm rights and may be ordered to attend a perpetrator's treatment group. If you or your loved on is facing this charge, please reach out to our office to set up a free consultation so we can talk to you about how we may be able to help.