In Adams, Broomfield and Jefferson county, Reckless Endangerment is a criminal charge designed to punish people who engage in activity with dangerous potential consequences for others and who disregard that foreseeable danger. Specifically, the statute states, “A person who recklessly engages in conduct that creates a substantial risk of serious bodily injury to another person commits Colorado reckless endangerment, a Class 3 misdemeanor.” C.R.S. 18-3-208. “A person acts recklessly when he or she consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.” An experienced attorney can help you fight undeserved charges.
Reckless endangerment can apply to a wide variety of circumstances, and is generally charged when there is an allegation that children are present. For example, it could be charged in the context of a traffic offense, where the allegation involves traveling at a substantially high rate of speed while children are in the car, or allowing children to ride in the back of a pick-up truck, or stick their heads out of the sunroof while the car is moving. Often times In Denver and Arapahoe County, reckless endangerment charges have to do with weapons or guns being fired in the presence of children, near a crowd, or by accident in a home. Because the statute is so broad, this offense can be charged in nearly any circumstance where a person’s conduct poses a danger to others.
When defending reckless endangerment cases, our defense team often turns to whether or not the person acted recklessly or whether harm was foreseeable. These are difficult and usually hypothetical questions, largely because if some harm had occurred a more serious offense would have been charged. An experienced attorney can present information to the District Attorney to either mitigate the conduct or present an effective case at trial. Although this crime is a class 3 misdemeanor, it still results in a permanent conviction and one faces the possibility of up to 6 months in the county jail or the fees and costs associated with probation. Other consequences could be that a person convicted of reckless endangerment faces consequences in child custody cases. The results of an undeserved conviction are simply too great to be taken lightly.
If you or someone in your family has been charged in Weld or Douglas County, or anywhere in Colorado, with Reckless Endangerment, you should call the O’Malley Law Office, P.C. as soon as possible. We know how to talk with judges and prosecutors to bring about the best possible result. So, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.