Under New York law, if you recklessly engage in conduct that creates a substantial risk of serious physical injury to another person or could harm or kill others, you can be charged with reckless endangerment. Below, Nassau County, Long Island reckless endangerment defense lawyer Gianni Karmily explains what a charge of reckless endangerment means and what penalties a person could face if convicted of reckless endangerment. If you or a loved one has been charged with reckless endangerment in New York, it’s important to have a skilled Nassau County, Long Island, reckless endangerment attorney.

Call the Law Firm of Gianni Karmily today to schedule a case evaluation regarding your criminal offense with a Nassau County, Long Island violent crimes defense attorney. Reach out to the Great Neck location at (516) 630-3405 or the Hempstead location at (516) 614-4228.

What is Reckless Endangerment?

In New York State, reckless endangerment is any conduct that puts another person at risk of serious physical injury or a substantial risk of death to another person. This can occur when someone engages in risky behavior without considering–or purposefully ignoring–the consequences their actions may have on those around them.

Conduct which creates a substantial risk of serious injury or death, which could result in a reckless endangerment charge in New could include but isn’t limited to:

  • Driving recklessly through a residential area
  • Driving under the influence of drugs or alcohol
  • Setting fire to a building or property
  • Handling or disposing of harmful materials unsafely
  • Failing to protect children from danger
  • Disregarding public health guidelines

What is Considered a Serious Physical Injury According to New York Law?

In order for an action to be considered reckless endangerment, it has to put another person at risk of suffering from serious physical injury or death. New York penal law defines “serious physical injury” as any actual injury that creates a substantial risk of death or an injury that causes death, impairment of health, impairment of an organ, or the loss of an organ.

Reckless Endangerment Charges NYS

New York law separates acts of reckless endangerment into two degrees: first-degree reckless endangerment and second-degree reckless endangerment. Below are the specific provisions for each of these criminal offenses.

2nd Degree Reckless Endangerment NY

Reckless endangerment in the second degree (N.Y. Penal Law § 120.20) is defined under New York law as any act that creates a substantial risk of serious physical injury to another person. This could include acts like speeding through a residential street or throwing rocks at moving vehicles.

Under New York law, reckless endangerment in the second degree is a Class A misdemeanor criminal offense.

If you’ve been charged with reckless endangerment in the second degree, contact Nassau County, Long Island misdemeanor criminal defense attorney Gianni Karmily to see how to handle the charge of reckless endangerment.

1st Degree Reckless Endangerment NY

New York law (N.Y. Penal Law § 120.25) defines reckless endangerment in the first degree as any action that shows a depraved indifference to human life and puts another person at grave risk of death. An example of this could include firing a weapon in a crowded public area. Even if no one gets hurt, this kind of act could potentially kill someone.

In New York, reckless endangerment in the first degree is a Class D felony offense.

If you’ve been charged with reckless endangerment in the first degree, contact Nassau County, Long Island felony criminal defense lawyer Gianni Karmily.

Long Island Reckless Endangerment Charges

Difference Between Reckless Endangerment in the First Degree and Reckless Endangerment in the Second Degree

Reckless endangerment in the second degree and reckless endangerment in the first degree have some similarities, but there are certain key differences that separate the reckless endangerment charges from one another, including their parameters and punishments.

Whether someone is charged with reckless endangerment in the second degree or first-degree reckless endangerment depends on the severity of their alleged action.

Charges for reckless endangerment in the second degree apply to actions that could have injured someone but don’t have a substantial risk of death to another person (or likely wouldn’t have killed them). When a person recklessly engages in conduct that would have likely caused the person’s death, however, then they may be charged with first-degree reckless endangerment instead.

Additionally, punishments for those found guilty of reckless endangerment in the second degree and first degree vary greatly. Reckless endangerment in the second degree is typically a misdemeanor criminal offense, whereas reckless endangerment in the first-degree can result in a felony charge.

In addition to increased fines and jail time, a reckless endangerment conviction can result in serious personal consequences like restrictions on gun ownership and voting rights.

A felony conviction can also make it difficult for someone to find employment or housing after being released from prison.

NY Penal Law Reckless Endangerment Related Offenses

There are several other crimes under the New York Penal Law that are similar to reckless endangerment, including child endangerment, assault, vehicular assault, Leandra’s law, and reckless assault of a child. Someone can be charged with one or more of these crimes in addition to reckless endangerment, depending on the nature of the person’s conduct and the circumstances of the alleged crime.

Below are the New York criminal statutes for crimes related to reckless endangerment.

Crimes Against Children

In New York, reckless endangerment is a criminal offense that carries serious penalties. Those found guilty of reckless endangerment can suffer severe penalties. If someone recklessly engages in conduct that puts another person under the age of 18 at risk of serious physical injury, they may also face the following related charges:

Consulting with an experienced endangering the welfare of a child defense lawyer in Nassau County, Long Island, is critical for anyone facing these charges, as being found guilty of reckless endangerment or any of the previous charges carries significant legal and social consequences.

Vehicular Assault Charges

A person in New York could face both reckless endangerment and vehicular assault charges if they recklessly engage in conduct while driving, which creates a substantial risk of serious physical injury to another person, and their actions result in an actual injury.

For example, driving under the influence, excessively speeding, or other conduct which creates a substantial risk of putting others in danger could lead to a charge of reckless endangerment for the substantial risk posed, as well as being charged with vehicular assault in New York if the person’s conduct caused an actual injury to another person.

Nassau County, Long Island vehicular assault lawyer Gianni Karmily can provide legal defense in such cases.

Assault Charges

A person may face both reckless endangerment and assault charges if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person and the person’s conduct results in a physical injury to another person.

The consequences of being convicted of reckless endangerment and assault are severe, making it critical to consult a Nassau County, Long Island assault lawyer with experience successfully defending clients in New York. Having a skilled attorney can significantly impact the outcome of the case.

Penalties if Convicted of Reckless Endangerment

Being found guilty of reckless endangerment can result in serious criminal penalties, including steep fines and lengthy state prison sentences. Below are the penalties for a reckless endangerment conviction in New York.

  • Reckless endangerment in the second degree is a Class A misdemeanor carrying a maximum jail sentence of 364 days in a county jail, up to one thousand dollars in fines, or both.
  • Reckless endangerment in the first degree is a Class D felony carrying a maximum jail sentence of seven years, up to five thousand dollars in fines, or both.

Being found guilty of reckless endangerment can also put a permanent mark on your criminal record, affecting your life long after your jail sentence is up.

How a Criminal Defense Lawyer Can Help With Reckless Endangerment Charges

If you are facing charges of reckless endangerment, a criminal defense lawyer can provide you with the legal assistance you need to combat these charges and protect your future. They’ll be able to review the facts of the case and help you understand the charges you’re up against. An attorney will also be able to investigate the alleged incident and gather evidence that can be used in your defense.

Criminal defense lawyers understand the common strategies state prosecutors use in reckless endangerment cases. They can use this knowledge, along with the evidence, as leverage in negotiations or when presenting the case in court.

If you have been charged with reckless endangerment in New York, you need an attorney who can provide you with steadfast legal representation and help you achieve the best possible outcome on your case. Attorney Gianni Karmily is a criminal defense lawyer serving the residents of Nassau County, Long Island, with professional and personal criminal defense services.

reckless endangerment attorney nassau county

Criminal Defense Lawyer for Reckless Endangerment in Nassau County, Long Island

If you are facing a charge of reckless endangerment in Nassau County, Long Island, turn to a trusted legal advocate at the Law Firm of Gianni Karmily, PLLC. Defense attorney Karmily understands how serious reckless endangerment charges can be and is willing to fight tirelessly to protect you, your rights, and your freedom.

Whether you’ve been charged with reckless endangerment or another violent criminal charge, attorney Gianni Karmily is here to provide you with the legal support you need in this difficult time. He will build a strong case in your defense that is tailored to your unique case, ensuring that your defense strategy is as effective as possible.

To schedule a case evaluation regarding your reckless endangerment case, reach out online or call the Great Neck location at (516) 630-3405 or the Hempstead location at (516) 614-4228.