I’ve Been Charged With Reckless Endangerment. What Is That?
To convict under this charge, the State must prove, beyond a reasonable doubt, that the defendant recklessly created a substantial risk serious physical injury or death, to another. As with the separate crime of assault, one does not actually have to injure another to be convicted of this crime. As Attorney Eric T. Kirk will tell you.
It is the threat of harm that is the object of these types of statutes, and the gravamen of this offense is not actual harm itself.
While this offense is a misdemeanor, it is nevertheless punishable by five years in prison. Recklessness is not the same as intent. The defendant does not need to know that someone may be harmed, just be aware that harm is a possible outcome, disregard that risk, and engage in some conduct that creates that risk. The offense is complete when the potentially harmful conduct occurs, regardless of whether any harm occurs. In many of these cases, there is no typical victim, at least in the sense of one who suffered harm or loss as a result of the defendant’s conduct.
I offer a no-cost conference to anyone accused of a crime. During this strategy session we will evaluate the evidence, assess the strength of the State’s case, and develop the most effective defenses and explore mitigation. If you stand accused, contact me today. 410 591 2935.
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
