ANNE ARUNDEL, CALVERT, CHARLES, ST. MARY’S & PRINCE GEORGE’S COUNTIES.
Reckless Endangerment Defense | Haskell & Dyer
Charged With Reckless Endangerment? The State Still Has to Prove Real Risk.
Reckless endangerment covers conduct said to put someone at risk of serious harm, and it is often stacked on top of an assault charge. But "risky" is not enough. We challenge whether what you did actually meets the legal standard.
Why It Shows Up
It's often added on, to give the State a second shot.
Reckless endangerment is frequently charged alongside assault, not instead of it. Prosecutors stack it so that even if the assault charge fails, something is left to fall back on. That means beating the case means taking on both charges, and the risk standard on this one is higher than people think.
What It Actually Means
Not Every Risky Act Is a Crime
Maryland reckless endangerment is about conduct that created a real, substantial risk, not just behavior someone calls careless after the fact.
The Standard
Substantial Risk of Serious Harm
The State has to show your conduct created a substantial risk of death or serious physical injury to another person, judged by what a reasonable person would recognize. A vague claim of "dangerous" does not clear that bar.
The Gap
Where the Charge Falls Short
Often the alleged conduct was not actually likely to cause serious harm, no real risk existed, or the danger is exaggerated in the report. Those gaps are exactly what we press on.
Common Scenarios
How Reckless Endangerment Gets Charged
It can attach to a wide range of situations, often paired with another charge. Common examples include:
Firing or handling a gun unsafely
Pointing a weapon at someone
Throwing objects during a fight
Dangerous driving toward a person
Conduct that put a child at risk
Brandishing during an argument
Acts during a domestic dispute
Stacked on top of an assault charge
What the State Must Prove
The Burden Is on the Prosecution
To convict, the State has to establish each piece. If even one is missing, the charge can fall.
1
Your conduct created a substantial risk. Not a slight or theoretical one, a real risk of death or serious physical injury to another person.
2
A reasonable person would have seen it. The risk has to be one that a reasonable person in your position would have recognized and disregarded.
3
An actual person was endangered. The conduct has to have put a real person at risk, not just been generally unsafe in the abstract.
How We Defend a Reckless Endangerment Charge
This charge lives or dies on the risk standard. We attack it directly.
We Test the Risk
Was there really a substantial risk of serious harm? Often the conduct does not meet that bar, and we show it.
We Separate the Charges
When it is stacked on an assault, we take on both, so a fallback charge does not become a back-door conviction.
We Challenge the Account
Reports often overstate the danger. We compare witnesses, video, and the facts against the claim.
We Push for Resolution
Dismissal, reduction, or a path that keeps a conviction off your record where the facts allow.
Common Questions
Reckless Endangerment, Answered
Why was I charged with this and assault?
Reckless endangerment is often added alongside an assault charge so the State has a fallback if the assault does not stick. Beating the case means defending against both, which is exactly how we approach it.
No one got hurt. How can it be a crime?
Reckless endangerment does not require an actual injury. It is about the risk your conduct created. But the risk has to be substantial and real, not slight or theoretical, and whether it meets that standard is often where the charge breaks down.
What does the State actually have to prove?
Generally, that your conduct created a substantial risk of death or serious physical injury to another person, that a reasonable person would have recognized that risk, and that a real person was endangered. If any piece is missing, the charge can fail.
Is reckless endangerment a felony?
In Maryland it is generally a misdemeanor, but it still carries possible jail time and a record, and it often rides alongside more serious charges. Treating it as minor is a mistake, which is why an early defense matters.
Can the charge be dropped or reduced?
Often, yes. Because the risk standard is demanding and reports frequently overstate the danger, these charges are real candidates for dismissal or reduction. We will give you an honest read on where yours stands.
Charged With Reckless Endangerment? Make the State Prove It.
The risk standard is higher than the charge suggests, and reports often overstate the danger. Tell us what happened and get an honest read on your defense. The first conversation is free.
Arrested after hours? Call our 24/7 line: 240-687-0179
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC
Fax: 301-627-5848
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