Recklessly Endangering Another Person in PA (Maximums and Defenses)

Recklessly Endangering Another Person in PA is a serious misdemeanor offense. It just sounds nasty on your criminal record. A conviction for the crime is like a diamond, it lasts forever. You have to be extremely careful with who you pick to handle this case because picking wrong can ruin your life. When people ask “Who is the best Recklessly Endangering Another Person attorney near me?” The people have spoken, it’s The McShane Firm


The Law

You can read the exact law here: Recklessly Endangering Another Person 18 P.S. § 2705

What the government needs to prove:

Recklessly Endangering Another Person known as REAP is a very simple statute, but the devil is in the details. As we will see.

Remember at all times, if the government has charged you with any crime including REAP, you are innocent in the eyes of the law. Before you start the eternal you are Not Guilty. You remain that way unless the government can present a mountain of evidence proving your guilty beyond a reasonable doubt. In order to convict you the government must prove the following:

  1. the accused
  2. recklessly engaged in conduct which
  3. places or may place another person in danger of death or serious bodily injury.

What is serious bodily injury for Recklessly Endangering Another Person

Pennsylvania defines SBI as follows:

Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ

What does that actually mean? Well, that is a great question. Some things are clearly SBI such as losing an eye. But it is the grey area where jury trials happen. Does a jury say that the actual injury or the perceived and feared injury make to SBI? That’s the DA’s job to convince beyond a reasonable doubt. If not, you remain as you started innocent.

What is the definition of reckless

We find the definition of recklessly at 18 P.S. 302.

A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and intent of the actor’s conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the actor’s situation.

But what does that mean? Well the best way to explain it is by what it is not. Reckless behavior is less than intentional, less than knowing, but more than mere negligence.

To put it simply:

  • Intentional means that you are aware of what you are doing and do it on purpose for its intended aim.
  • A person acts knowingly when he acts with the certainty that a certain result will follow from his actions.
  • However, a person acts recklessly if the person does not know for sure that a specific result will follow. Recklessness means that you knowingly take a risk.
  • Negligence occurs when a person unknowingly takes a risk that they should have been aware of..

So in the real world, it means whatever a jury wants it to mean. This is where having the right attorney who can explain how your conduct doesn’t fit the crime can make all of the difference. 

Maximum Penalties

If you are convicted or found guilty of Recklessly Endangering Another Person, it is a misdemeanor of the second degree. Beyond the instant concerns you likely have about jail, probation, fines and costs, you need to be aware of Misdemeanor Conviction Consequences in Pennsylvania.

The maximum penalty for all misdemeanors of the second degree in Pennsylvania is a period of jail not to exceed two years. The maximum fine is not to exceed $5,000.00