PL 120.25 · Article 120
Reckless Endangerment in the First Degree
This offense requires reckless conduct creating a grave risk of death to another person under circumstances showing depraved indifference to human life. The text does not require an actual death or injury.
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Text us immediately · (845) 290-2492Definition under New York law
PL 120.25 · Original statutory wording; excerpts must be read together with the full section.
§ 120.25 Reckless endangerment in the first degree. A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person. Reckless endangerment in the first degree is a class D felony.Read the full section at the New York State SenateIn everyday language
This offense requires reckless conduct creating a grave risk of death to another person under circumstances showing depraved indifference to human life. The text does not require an actual death or injury.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove beyond a reasonable doubt that the person accused acted recklessly.
- The conduct must have created a grave risk of death to another person.
- The circumstances must have evinced depraved indifference to human life. These requirements are cumulative, not alternatives.
Defenses that commonly apply
- What evidence establishes recklessness by the person accused?
- Did the actual circumstances create a grave risk of death to another person?
- What facts support or contradict the allegation of depraved indifference to human life?
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to $5,000.
Common questions about your defense
Can the level of danger be challenged in a first-degree reckless-endangerment charge?
The statute requires a grave risk of death, together with recklessness and circumstances evincing depraved indifference to human life. If the evidence shows a lesser risk or does not establish those circumstances, it could support a challenge to this offense. The prosecutor must prove every required element beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 120.20 · Class A Misdemeanor
PL 240.26 · Violation
PL 120.03 · Class E Felony
PL 120.45 · Class B Misdemeanor
PL 120.50 · Class A Misdemeanor
PL 120.00 · Class A Misdemeanor
PL 120.05 · Class D Felony
PL 120.10 · Class B Felony
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