Reckless Endangerment: Charges and Penalties in Bismarck, ND
Reckless endangerment is a serious offense under North Dakota law. It involves creating a substantial risk of serious bodily injury or death to another person, regardless of whether any actual harm occurs. If you’re facing reckless endangerment charges in Bismarck, ND, understanding the law, potential defenses, and how a skilled attorney can help is crucial.
What is Reckless Endangerment Under North Dakota Law?
North Dakota Century Code Section 12.1-17-03 defines reckless endangerment as an act where someone creates a substantial risk of serious bodily injury or death to another. The charge applies even if no one was actually harmed. What matters is the risk the action created.
Reckless endangerment can be classified as either a Class C felony or a Class A misdemeanor depending on whether the person acted with extreme indifference to human life.
Subsection 1: Classifications of Reckless Endangerment
- Class C Felony: If the actions demonstrate extreme indifference to human life, reckless endangerment is charged as a Class C felony.
- Class A Misdemeanor: In cases where the indifference to life is not proven, the charge is classified as a Class A misdemeanor.
Types of Bodily Injuries
Understanding the types of bodily injuries recognized under North Dakota law is essential in reckless endangerment cases:
- Bodily Injury: Any impairment of physical condition, including physical pain.
- Substantial Bodily Injury: Significant temporary disfigurement or impairment of a bodily function or organ.
- Serious Bodily Injury: Injury that creates a substantial risk of death, permanent disfigurement, or long-term loss of bodily function.
Penalties for Reckless Endangerment in North Dakota
The penalties for reckless endangerment vary depending on the classification of the charge. If convicted, the potential consequences are severe.
Class C Felony
- Imprisonment: Up to five years.
- Fines: Up to $10,000.
A Class C felony charge applies when the person acted with extreme indifference to human life, creating a significant risk of death or serious injury.
Class A Misdemeanor
- Imprisonment: Up to 360 days.
- Fines: Up to $3,000.
A Class A misdemeanor applies when the risk created is substantial, but the person’s actions do not demonstrate extreme indifference to human life.
Probation Information
For reckless endangerment convictions, probation terms may vary depending on the severity of the offense:
- Class C Felony: Probation can last up to five years.
- Class A Misdemeanor: Probation can last up to two years.
During probation, individuals may be required to attend counseling, perform community service, and regularly check in with a probation officer. Violating probation conditions can result in further penalties, including imprisonment.
Full Language of North Dakota Century Code Section 12.1-17-03: Reckless Endangerment
Here is the full text of Section 12.1-17-03:
North Dakota Century Code Section 12.1-17-03: Reckless Endangerment
- A person is guilty of an offense if they create a substantial risk of serious bodily injury or death to another person. The offense is classified as a Class C felony if the circumstances show extreme indifference to human life. Otherwise, it is a Class A misdemeanor.
Mandated Intervention Program for Domestic Violence Offenders
If the reckless endangerment charge is committed against an intimate partner, such as a spouse, former spouse, or someone with whom the offender shares a child, the court will order the offender to complete a domestic violence offender assessment and intervention program.
The court cannot substitute anger management classes or individual counseling unless a domestic violence intervention program is unavailable. This program is aimed at rehabilitating offenders and reducing the likelihood of future violence.
Firearm Possession Restrictions
A conviction for reckless endangerment may result in the loss of firearm rights under Section 62.1-02-01. If convicted of a Class C felony involving violence or intimidation, you may lose the right to possess firearms for ten yearsfollowing your conviction or release from prison, parole, or probation.
For misdemeanor convictions involving violence or intimidation, the firearm restriction typically lasts five years from the date of conviction or release from incarceration.
Defenses for Reckless Endangerment Charges
Several defenses may apply to reckless endangerment charges, depending on the circumstances:
- Lack of Intent: The prosecution must prove that you acted recklessly. If your actions did not create a substantial risk, or you did not act recklessly, the charges may be reduced or dismissed.
- Self-Defense: If your actions were in defense of yourself or others, this may serve as a valid defense in reckless endangerment cases.
- Accidental Conduct: If the injury or risk was accidental, and there was no reckless intent, the charges may be reduced or dismissed.
- False Allegations: In some cases, reckless endangerment charges may arise from false accusations. An experienced attorney can help uncover inconsistencies in the prosecution’s case.
How Reckless Endangerment Charges Can Arise in Practical Situations
Reckless endangerment can result from various situations, including:
- Reckless Driving: Engaging in high-speed chases or driving aggressively on public roads can lead to reckless endangerment charges if other drivers or pedestrians are placed at risk.
- Firearms or Weapon Use: Recklessly discharging a firearm or brandishing a dangerous weapon in a public place can create a substantial risk of harm, even if no one is injured.
- Dangerous Acts in Public: Actions such as setting off fireworks in crowded areas, engaging in public brawls, or other reckless behavior that endangers the public can lead to these charges.
Importance of Hiring a Criminal Defense Attorney in Bismarck
If you are facing reckless endangerment charges in Bismarck, ND, having an experienced criminal defense attorney is essential. An attorney can:
- Review the Evidence: Your lawyer will carefully analyze the details of your case, including witness statements and police reports, to find weaknesses in the prosecution’s case.
- Challenge the Allegations: Your attorney will challenge the evidence presented, seeking to have the charges reduced or dismissed.
- Negotiate with Prosecutors: A skilled lawyer may negotiate a plea deal to reduce the severity of the charge or minimize potential penalties.
Frequently Asked Questions About Reckless Endangerment in North Dakota
What is reckless endangerment?
Reckless endangerment occurs when someone creates a substantial risk of serious bodily injury or death to another person, even if no harm actually occurs.
What is the difference between reckless endangerment and assault?
While assault typically involves direct harm to another person, reckless endangerment focuses on the creation of risk, even if no one is directly injured.
What are the penalties for reckless endangerment?
Reckless endangerment is a Class C felony if extreme indifference to human life is shown, with penalties of up to five years in prison and $10,000 in fines. If no extreme indifference is proven, it is classified as a Class A misdemeanor, punishable by up to 360 days in jail and $3,000 in fines.
Can reckless endangerment charges be dropped?
Yes, charges can be dropped if the defense can show that the person did not act recklessly, or if there was no substantial risk of harm.
Can probation be granted for reckless endangerment?
Yes, probation is available for both Class C felony and Class A misdemeanor reckless endangerment charges, depending on the circumstances.
Can reckless endangerment result in a loss of firearm rights?
Yes. A conviction for a Class C felony may result in the loss of firearm rights for up to ten years. A misdemeanor conviction involving violence may lead to a five-year restriction.
What are common defenses for reckless endangerment?
Common defenses include lack of intent, self-defense, accidental conduct, and false allegations.
How long will a reckless endangerment conviction stay on my record?
A conviction for reckless endangerment will remain on your criminal record indefinitely unless you pursue expungement, which may not be available in all cases.
Can reckless endangerment charges be reduced?
Yes, charges can be reduced through plea negotiations or if the evidence shows that the actions did not rise to the level of reckless endangerment.