CR 3-204: Reckless Endangerment

Reckless endangerment is a crime that covers a wide range of conduct, though the most common circumstances involve the use of a weapon or the use of a vehicle as a weapon.  Maryland Criminal Law section 3-204 defines reckless endangerment as engaging in conduct that creates a substantial risk of death or serious physical injury to another.  The statute also specifically prohibits discharging a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious injury.  The State must prove one of these circumstances to establish a case of reckless endangerment.  In addition, the State must prove that a reasonable person would not have engaged in the conduct and that the defendant acted recklessly.  Acting recklessly means engaging in conduct creates a substantial risk of serious physical injury to another and then consciously disregarding that risk.
 
Discharging a firearm in public will almost always result in charges for reckless endangerment.  This is true in cases where there are more serious charges such as assault in the first degree and even attempted murder, and also cases where reckless endangerment is accompanied by local ordinance violations.  Reckless endangerment is often charged in motor vehicle cases involving road rage or intentionally swerving to frighten or even hit another person.  First degree assault cases will often accompany reckless endangerment charges in these scenarios.  In cases involving firearms a defendant can often face attempted murder charges if the gun was discharged.
 
Assault in the second degree is a misdemeanor that is also charged with reckless endangerment.  The penalty for simple assault is 10 years under Maryland law, which is double the maximum for reckless endangerment.  Felony first degree assault is punishable by up to 25 years in prison, and is often charged in cases where a weapon is used, or if a vehicle is used as a weapon.
 
The State is required to prove the defendant acted intentionally in order to sustain a conviction for reckless endangerment.  In firearm discharge cases the defense may be able to create enough doubt that the act was an accident to earn an acquittal.  Self-defense could also be a potential affirmative defense in reckless endangerment cases.  An affirmative defense means that the defense does not deny the act was committed but rather states that it was justified.
 
Under Maryland Criminal Law 3-204(a) the maximum penalty for reckless endangerment is 5 years in prison and a $5,000 fine.  The sentencing guidelines classifies reckless endangerment as a level 5 offense, which means that a person with no criminal record will have a guidelines range of probation.  If there was an injury and a firearm was used the guidelines jump to 3 months to 1 year, though in this situation the defendant would likely be facing more serious charges. 
 
Benjamin Herbst specializes in defending reckless endangerment charges in Maryland.  He has earned the dismissal and acquittal of hundreds of criminal cases and represents clients in all state jurisdictions.  Benjamin is also licensed to practice in the federal courts in Baltimore, Greenbelt and the various military installations.  Contact Maryland criminal defense lawyer Benjamin Herbst anytime for a free consultation at 410-207-2598.