Philadelphia Reckless Endangerment Charge Lawyer
At the root of any charge associated with recklessly endangering another person, is the question of whether your act was indeed reckless or merely negligent. For the sake of your freedom and your wallet, it is important to retain a lawyer who understands the difference between the two actions and can provide you with a strong form of defense to help protect your rights. The magnitude of the punishment for any crime is directly correlated with the parameters of the law. In Pennsylvania, reckless endangerment is considered a second- degree misdemeanor, meaning that an individual who is convicted of this crime can face years in prison and thousands of dollars in fines.
Have you been charged with the crime of Reckless Endangerment? This crime is a catch all which can be levied against any of a myriad of actions taken by the accused. Regardless of the circumstances in a particular case, the consequences can be significant. Beyond the thousands of dollars in fines and potentially years in prison that come with a conviction, as a violent crime, it will stay on your record and result in the forfeiture of certain rights (i.e. owning a firearm). You cannot afford to sit idly by when facing such serious life altering consequences that will stay with you long after you have paid your debt in both dollars and years. Call The Law Offices of Greg Prosmushkin, P.C. today to schedule a free consultation with one of our criminal defense attorneys.
What Is Reckless Endangerment?
Pennsylvania law codifies Reckless Endangerment as “engaging in conduct or behavior which places or could place an individual in serious danger of sustaining death or bodily injury.” With such vague language, the statute is designed to allow a great many potential actions to fall within its scope. Some examples of common grounds for a charge of Reckless Endangerment, include issues related to:
- Driving – failing to adhere to traffic laws and driving in a dangerous manner
- Children – leaving young children unattended or in the vicinity of hazardous substances
- Firearms – discharging a gun in public or into the air
- Hospitals – doctor, nurse, or other staff fail to adhere to instruction or appropriate protocol
- Construction sites – not properly securing materials and area
These are but a few of the common scenarios in which an action of an individual can result in reckless endangerment charges – also referred to as REAP (Reckless Endangerment of Another Person) in Pennsylvania.
How Do We Defend REAP?
Remember, the key factor here is not intent, as it is with many criminal offenses. Rather, it is a measure of degree. Specifically, that the action actually constitutes one of recklessness, rather than simple negligence. This will likely be the basis of any defense. Your attorney will force the prosecution to prove that the conduct of which you have been accused did, in fact, constitute recklessness. If the action resulted in serious injury or death, an aggressive defense will be vital. While the law regarding the action itself should serve as the sole basis for any determination by a court or jury, it is likely that the results of the action will be the chief weapon at the prosecution’s disposal. It is important that your attorney be able to sway the evidentiary pendulum back in the direction of law, instead of consequence. If you have been charged with Reckless Endangerment, you will need to mount an aggressive defense to overcome the charges. It can be done, but only with dedicated legal assistance. The Law Offices of Greg Prosmushkin, P.C. will fight to protect your rights. Don’t wait, call today for a free consultation.