The most common circumstances where a person might be charged in Maryland with reckless endangerment involve reckless driving that results in a fatality or serious injuries, or circumstances involving the discharge of firearms. These are not the only circumstances where the charges can be filed, but they are the most common. Reckless endangerment is a charge that is somewhat difficult to prove since the prosecutors have to convince the jury that there was “recklessness.” But “recklessness” is a rather vague legal standard. As such, reckless endangerment is often an additional charge added to supplement a main charge. Persons convicted of reckless endangerment face up to five years in prison and a fine of up to $5,000.

If you have been charged with reckless endangerment and/or any other crime, contact the Maryland criminal defense attorneys here at the Law Office of Robert Castro. Our number is (301) 870-1200, or use our contact page. We are Maryland criminal defense attorneys with offices in Waldorf, Maryland.

The prosecutors must prove two main legal criminal elements beyond a reasonable doubt when seeking a conviction for reckless endangerment. These are:

• The accused engaged in conduct that “created a substantial risk of serious injury or death” and
• A “reasonable person” would not have engaged in such conduct

As noted above, the standard is vague and can be difficult for prosecutors to prove. What is “substantial risk,” and what is a “reasonable person?” In some cases, the risk and the “reasonableness” are clear, such as where a gun is fired into a crowd of people. That is obviously risky and not something “reasonable” people do. The issue is less clear with something like an auto crash that results from the driver speeding. A jury might agree that there was reckless endangerment if alcohol and/or drugs were involved. But, absent that, is going 20 miles over the speed limit too fast, too risky, and not something that a reasonable person would do?

In terms of legal defenses, depending on the facts of your case, you may be able to offer some standard criminal defenses like alibi, mistaken identity, wrong identification, innocence, etc. These will not work, of course, if you are arrested “in the act.” In those cases, you may be able to assert defenses based on constitutional violations, violation of police arrest rules, and violation of evidence procedures. Again, the availability of such defenses depends on the unique facts of your case.

Otherwise, the main criminal defenses attempt to put at issue before the jury the question of recklessness. Just because there was a death or serious injury does not mean there was reckless endangerment. It could have been a simple accident. Death and serious injuries happen from simple accidents, too. This defense is easier to offer in Maryland car crash cases. This defense is more difficult with gun charges, particularly if there is strong evidence of an intentional gun discharge.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.