PL 120.20 · Article 120
Reckless Endangerment in the Second Degree
This offense concerns reckless conduct that creates a substantial risk of serious physical injury to another person. The text requires that risk, rather than an actual injury.
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Text us immediately · (845) 290-2492Definition under New York law
PL 120.20 · Original statutory wording; excerpts must be read together with the full section.
§ 120.20 Reckless endangerment in the second degree. A person is guilty of reckless endangerment in the second degree when he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person. Reckless endangerment in the second degree is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
This offense concerns reckless conduct that creates a substantial risk of serious physical injury to another person. The text requires that risk, rather than an actual 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 substantial risk of serious physical injury to another person. Both requirements apply; the section does not list alternative routes.
Defenses that commonly apply
- What facts establish that the person accused acted recklessly?
- How substantial was the risk under the actual circumstances?
- Was another person exposed to a risk of serious physical injury, rather than a lesser harm?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Common questions about your defense
Does the absence of an injury defeat second-degree reckless endangerment?
The supplied statute requires a substantial risk of serious physical injury, not an actual injury. Evidence that no one was exposed to that level of risk could support a challenge, while the absence of injury alone does not resolve the charge. The prosecutor must prove recklessness and the required risk 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 120.13 · Class E Felony
PL 120.25 · Class D Felony
PL 120.00 · Class A Misdemeanor
PL 120.03 · Class E Felony
PL 120.45 · Class B Misdemeanor
PL 120.50 · Class A Misdemeanor
PL 120.05 · Class D Felony
PL 120.10 · Class B Felony
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