Reckless endangerment focuses on conduct which creates a substantial risk of serious injury—or even death—to others. Under CRS § 18-3-208, individuals who engage in behavior that recklessly endangers the lives or physical well‐being of others are criminally liable. If the behavior happens while driving, the driver may face reckless driving charges instead; otherwise, actions like shooting a firearm, waving a weapon or other behavior that creates a danger to society will result in reckless endangerment charges.
Denver Reckless Endangerment Lawyer
At Law Office of Matthew A. Martin, P.C., our experienced Denver criminal defense attorney has successfully represented clients facing reckless endangerment charges. We understand that accidents happen, and sometimes, what law enforcement views as reckless behavior is misinterpreted or exaggerated.
Contact the The Law Office of Matthew Martin today online or at (303) 725-0017 to get started on your reckless endangerment case.
Table of Contents
- Overview of Reckless Endangerment
- Key Elements in a Reckless Endangerment Case
- Penalties
- Defenses
- Frequently Asked Questions
- Hire an Attorney for Reckless Endangerment Charges
Reckless Endangerment under Colorado Law
CRS § 18-3-208 defines reckless endangerment in Colorado. While the full statutory language is detailed, the core provision can be summarized as follows:
“Any person who recklessly engages in conduct that creates a substantial risk of causing serious physical injury to another is guilty of reckless endangerment.”
In this context, “recklessly” means that the defendant acted with a conscious disregard of a known risk, or with such indifference that a reasonable person would have recognized the danger inherent in their actions. The statute does not require an intent to harm; rather, it focuses on the nature of the conduct and the risk it imposed on others. This crime often overlaps with other, similar crimes such as reckless driving, improper use of a firearm and child endangerment.
Examples of Reckless Endangerment
- Reckless driving at high speeds near pedestrians or through school zones.
- Discharging a firearm carelessly in a crowded area.
- Leaving a loaded gun within a child’s reach.
- Street racing on public roads.
- Throwing heavy objects off a rooftop where people are below.
- Operating machinery under the influence of drugs or alcohol.
Key Elements in a Reckless Endangerment Case
Courts in Colorado interpret reckless endangerment by examining whether a defendant’s actions deviated significantly from what a reasonable person would have done under similar circumstances. Key factors include:
- Awareness of Risk: Evidence must show that the defendant was aware, or should have been aware, of the risk their conduct created.
- Substantial Risk: The risk must be more than a mere possibility; it must be significant enough that serious injury or death could reasonably be expected as a result.
- Conscious Disregard: The law targets behavior where the individual consciously disregarded the potential consequences, even if they did not intend to actually cause harm.
For example, if a driver engages in high-speed racing in a densely populated area, the reckless nature of such conduct—given the substantial risk it poses to pedestrians and other drivers—can lead to charges even if no injuries occur.
Penalties for Reckless Endangerment
Generally, reckless endangerment is treated as a misdemeanor, but under aggravating circumstances, it can be charged as a felony. Typical penalties include:
- Misdemeanor Charges:
- Jail time ranging from a few days up to one year.
- Fines that may vary depending on the severity of the risk and any subsequent harm caused.
- Felony Charges:
- If the conduct results in actual injury or if the defendant has a prior history of similar offenses, the crime may be elevated to a felony.
- Felony convictions can result in longer prison sentences and significantly higher fines.
Defenses and Considerations
Defending against a reckless endangerment charge can be challenging, but there are several possible defenses, including:
- Lack of Awareness: Arguing that you did not know, nor should a reasonable person have known, that your conduct posed a substantial risk.
- Accident or Unintentional Conduct: Demonstrating that the risk was not created by a deliberate disregard for safety but was the result of unforeseen circumstances or an accident.
- Compliance with Regulations: In cases where conduct was regulated (for example, in industrial settings), evidence that all safety protocols were followed may help mitigate the charges.
- Challenging Evidence: Questioning whether the prosecution has met its burden by proving beyond a reasonable doubt that your actions were truly reckless.
Frequently Asked Questions
What constitutes reckless endangerment under CRS § 18-3-208?
Reckless endangerment involves conduct that consciously disregards a substantial risk of serious physical injury to others. The focus is on whether your actions deviated from what a reasonable person would do under similar circumstances.
Do I need to have intended to harm someone?
No. The statute focuses on the risk created by your actions rather than an explicit intent to cause harm. Even if you did not plan to injure anyone, engaging in conduct that exposes others to significant danger can be sufficient for a conviction.
What are the potential penalties if convicted?
Penalties can range from a misdemeanor—resulting in up to one year in jail and fines—to a felony, which can lead to several years in prison and substantial fines. The severity of the sentence depends on factors like the level of risk, any actual harm caused, and your prior criminal record.
Hire a Lawyer for Reckless Endangerment in Denver, CO
No matter how overwhelming your situation may seem, you deserve an aggressive and compassionate defense. At Law Office of Matthew A. Martin, P.C., our experienced Denver criminal defense attorney has successfully represented clients facing reckless endangerment charges, ensuring that their rights are vigorously defended every step of the way. Whether you are dealing with allegations arising from a traffic incident, industrial accident, or any conduct that allegedly placed others at risk, our dedicated team is here to help.
Contact our office today at (303) 725-0017 to schedule your free initial consultation. Law Office of Matthew A. Martin, P.C. proudly serves clients throughout the greater Denver area, including Adams County, Arapahoe County, Douglas County, Broomfield County, and Boulder County. Don’t face these serious charges alone—let us work to protect your future and secure the best possible outcome for your case.