Sunday, January 26, 2014

The Truth about Reckless Endangerment

Reckless Endangerment in Maryland is a specified crime. 

Updated 3/29/2020

Just how reckless must you be to be charged with Reckless Endangerment under Maryland law?

If you're prepared for a misdemeanor charge with a sentence of up to 5 years or $5,000 fine there are a few things to remember.

One common misconception is a person driving a vehicle in a reckless manner is reckless endangerment. That thought is incorrect. While "reckless driving" is a specified crime (with a hefty price tag), it is not "reckless endangerment." 

Reckless Driving, TA§ 21-901.1 is when a person drives a motor vehicle: (1) In wanton or willful disregard for the safety of persons or property; or (2) In a manner that indicates a wanton or willful disregard for the safety of persons or property.

Compare that to Reckless Endangerment.

What Reckless Endangerment IS:

  • Conduct that creates a substantial risk of death or serious physical injury to another; or
  • Discharge a firearm from a motor vehicle that creates substantial risk of death of serious physical injury to another.

What Reckless Endangerment IS NOT:

  • Use of a motor vehicle that creates a risk of death or serious physical injury to another; or
  • Manufacture/production/sale of a product or commodity that creates a risk of death or serious physical injury to another.

Penalty:

A sentence of up to 5 years or $5,000 fine.

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