NYC Domestic Violence and Reckless Endangerment Lawyers
If you recklessly, intentionally, or negligently cause physical harm to come to another person, you can be charged with one or more of several different assault crimes that have been defined within New York Penal Law. When the victim of the assault is someone you’ve had an intimate relationship with or a family member, the assault is counted as domestic violence.
Domestic violence can take a number of different forms, but assault is often included. The specific charge that you’ll face depends on how extensive the victim’s injuries are, what your intention was, and whether an object was used in the committing of the assault. If you used a dangerous instrument or deadly weapon, the assault charge will become more serious. Serious injuries also result in a more serious charge. Assault charges can also be brought against you if the assault involved forcing a person to commit a sexual act.
Most severe cases of assault carry a penalty of several years imprisoned. If any type of assault charge has been leveled against you, related to a domestic violence act, you’ll need to talk to an experienced lawyer who can help you understand your options and defend you.
Domestic violence incidents have reached an alarming rate. Many high profile cases have been a big part of media recently. This has caused New York’s law enforcement, along with multiple law enforcement agencies all over the country, to work harder to prosecute domestic violence offenders.
Domestic violence doesn’t always involve assault. It’s a catch-all term that can apply to a variety of criminal behavior involving crime committed against a person that is in an intimate relationship with the perpetrator or a close family member of the perpetrator.
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(212) 300-5196Federal Lawyers is a group of lawyers in New York City who can represent and defend you against a wide variety of domestic violence-related criminal charges.
Reckless Endangerment
Reckless endangerment refers to the criminalization of actions that cause others to be put in danger, or the property of other people to be put in danger. Reckless endangerment can apply even if endangerment was not your intention. An action is considered to be “reckless” if it was committed without prior consideration of the potential consequences. Intention is irrelevant in these cases.
Multiple reckless endangerment cases center around defendants who shoot guns into public areas. Some other cases include defendants who drive recklessly whilst attempting to evade police capture. These cases tend to involve other criminal charges on top of the reckless endangerment charge.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
No one has to be injured for reckless endangerment to count as a criminal offense. Even the danger of suffering an injury can lead to the charge being pressed, regardless of whether that danger was ever realized. You might also find yourself charged if another person’s property is put in danger of damage.
After a heated argument with your spouse, the police arrived and arrested you for reckless endangerment in the second degree after your spouse told officers you threw a glass that shattered near your child. You were served with an order of protection and told you cannot return to your own apartment.
Can I really be charged with reckless endangerment when I didn't actually hit anyone, and how do I get back into my home?
Under New York Penal Law § 120.20, reckless endangerment in the second degree applies when you recklessly engage in conduct that creates a substantial risk of serious physical injury to another person, even if no contact was made. Because this incident involved a family member, it falls under the domestic violence umbrella, which means the court will likely issue a temporary order of protection under Criminal Procedure Law § 530.12 that may bar you from your residence. An experienced attorney can argue at your arraignment for a limited order of protection that allows you to return home while the case is pending, and can challenge the recklessness element by demonstrating that your actions did not rise to the level of creating a substantial risk of serious physical injury.
This is general information only. Contact us for advice specific to your situation.
If you’re charged with a reckless endangerment offense, you’ll need to get in contact with a lawyer who can help defend you against the charges. Federal Lawyers is a group of the best lawyers in New York City, able to defend you against whatever criminal charges you’re accused of and help you understand your best options.
