The Maryland criminal code punishes the crime of reckless endangerment. This crime is often associated with the operation and use of motor vehicles and guns, but the crime is potentially applicable to any behavior that might cause harm to others. More specifically, Md. Criminal Code, § 3-204 states that a person may not recklessly

• Engage in conduct that creates a substantial risk of death or serious physical injury to another; or
• Discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another

To prove “recklessness,” the Maryland criminal prosecuting attorneys must show that the accused was aware — or should have been aware — that what he or she was doing created a substantial risk of death or serious physical injury but consciously chose to continue and, thereby, disregarded that risk.

Note that it is NOT an element of the crime that death or serious physical injury occur. It is enough that death or physical injury was possible.

If convicted, the punishments include a term of imprisonment of up to 5 years and/or a fine of up to $5,000.

Given the serious consequences of being convicted of reckless endangerment, if you are arrested or charged with the crime, it is important to seek experienced and top-rated Maryland criminal defense lawyers. Call the Law Office of Robert Castro at (301) 870-1200. We are available around the clock, 24/7. We are Southern Maryland criminal defense attorneys.

Potential Maryland criminal defenses

The main criminal defenses involve challenging the various elements of recklessness. Thus, if the Maryland criminal defense team can show that the accused did not know — or could not have reasonably known — of the risk, then a dismissal or a “not guilty” verdict might be obtained. In many respects, this is arguing that the events resulted from accident, carelessness or error, not some intentional reckless conduct or a decision to ignore hazards. Along the same lines, depending on the facts, other behavior can be used to show that the risk was not ignored. That is, if it can be shown that the accused made efforts to mitigate against the risks, that can show lack of recklessness. As an example, lack of recklessness might be shown where shooting off fireworks was done in an open field with some sort of barrier to keep onlookers away. Another defense can be based on the question of the level of risk. Was it, in fact, reasonable to think a substantial risk was involved?

It should be noted that, in some cases, self defense and defense of others can be used as potential criminal defenses. Other potential defenses include violation of the accused’s constitutional rights during arrest and/or processing and violation of police procedures.

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.