First Degree Reckless Endangerment
Significantly more serious than its misdemeanor counterpart (which is a serious criminal offense on its own), Reckless Endangerment in the First Degree, New York Penal Law 120.25, is a devastating offense to face by way of criminal investigation, arrest, indictment or trial in the State of New York. In fact, a conviction for felony Reckless Endangerment in the First Degree will strip you of certain rights whether or not you spend time incarcerated “upstate.” Irrespective of the allegations, facts or evidence, if you are charged with or arrested for NY PL 120.25 in New York City – Manhattan, Brooklyn, Queens or the Bronx – Westchester County, Rockland County or an metropolitan New York jurisdiction, identifying and implementing the most viable defense with your criminal attorney is one of the first steps you must take to secure the best potential outcome.
- New York Reckless Endangerment Homepage
- Second Degree Reckless Endangerment: NY PL 120.20
- NYS Violent Crimes
- NYS Non-Violent and Property Crimes
You are guilty of Reckless Endangerment in the First Degree when, under circumstances evincing a depraved indifference to human life, you recklessly engage in conduct which creates a grave risk of death to another person.
Like Second Degree Reckless Endangerment, the First Degree offense has specifically defined terms that you need to understand before fully grasping the crime.
- Recklessly Engaging in Conduct Which Creates a Grave Risk of Death to Another Person: In order for prosecutors to prove this element beyond a reasonable doubt they must establish that you were engaged in conduct that created a grave and unjustifiable risk of death, you were aware of and consciously disregarded this risk and this was a gross deviation from the standard of conduct that of a reasonable person in the particular situation. It is critical to recognize that no matter how reckless the conduct, the evidence must also show that you acted in a manner evincing a depraved indifference to human life.
- Depraved Indifference to Human Life: More than mere indifference, you act with a depraved indifference to human life when you recklessly engage in conduct that poses a grave risk of death. A person has a depraved indifference to human life when that person has an utter disregard for the value of human life – a willingness to act, not because he or she means to cause grievous harm, but because he or she simply does not care whether or not grievous harm will result. In other words, a person who is depravedly indifferent is not just willing to take a grossly unreasonable risk to human life. Instead, that person does not care how the risk turns out.
Outside of the obvious, a conviction for PL 120.25 will also give you a felony record that you will be linked to for your entire life. Equally concerning, there is the very real chance that you will end up incarcerated in a New York State prison. With no prior criminal history, if you are convicted of First Degree Reckless Endangerment you will face a sentence of up to two and one third to seven years in prison. If you have a prior felony, your minimum will be two to four years and your maximum exposure will be three and one half to seven years in custody. Professional licenses, immigration status, and many other related statuses, certificates and opportunities can be severely compromised and potentially eradicated as well.
Simply, an arrest or conviction for Reckless Endangerment has devastating potential to liberty and livelihood. Protect yourself and your future. Contact the New York criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC and let advocacy, knowledge and experience be your guide and best defense.
Call us at (212) 312-7129 or contact us online today to discuss your case and possible defenses.