In California, "reckless endangerment" is not a standalone crime. While many believe it to be a distinct offense, California law addresses reckless behavior through various charges such as DUI with a minor passenger, child endangerment, elder abuse, and reckless driving. These crimes occur when an individual's actions create a significant risk of harm to others.
Although no reckless endangerment statute exists, California prosecutors can charge individuals under related offenses when their actions endanger people or property. The legal system handles reckless behavior by applying these charges to actions that risk others' safety, regardless of intent.

What is Reckless Endangerment?

Reckless endangerment refers to actions that create a significant risk of injury or death, even if harm was not intended. While California doesn't have a specific law for reckless endangerment, the concept is embedded in statutes addressing reckless behavior and negligence. In legal terms, recklessness involves being aware of a risk and consciously disregarding it.
California laws penalize reckless acts that endanger others' safety, such as DUI with a minor, child endangerment, elder abuse, and reckless driving. These offenses apply when conduct puts others at significant risk, regardless of intent, with the key factor being that the person knew or should have known their actions could cause harm.

Examples of Reckless Endangerment Offenses in California

Though California does not define reckless endangerment as a standalone crime, many actions that fall under this concept can lead to other criminal charges. 

DUI with a Minor Under 14 Years Old (Vehicle Code 23572)
Driving under the influence (DUI) is already a serious criminal offense, but if a person is caught driving drunk with a minor passenger under the age of 14, the penalties can be much more severe. According to California Vehicle Code 23572, this situation results in an enhancement of the DUI charges, even if it's not prosecuted as a separate crime.

Penalties for DUI with a Child Passenger:

• 48 hours in county jail for a first DUI offense
• 10 days in county jail for a second DUI offense
• 30 days in jail for a third DUI offense
• 90 days in jail for a fourth or subsequent DUI offense

Child Endangerment (Penal Code 273a)
Child endangerment is another offense that addresses reckless behavior leading to harm or risk of harm to a child. Under Penal Code 273a, it is illegal to expose a child to potential harm, suffering, or danger. This offense can apply in various scenarios, including:

• Leaving a dangerous weapon within a child's reach
• Leaving a child with an abusive babysitter
• Failing to get medical care for an injured or ill child

Elder Abuse (Penal Code 368)
As stated by California Penal Code 368, it is a crime to abuse or neglect an elder or dependent adult, putting their health or safety at risk. This is an example of reckless endangerment involving vulnerable individuals. Acts such as withholding medication or failing to provide proper care can lead to elder abuse charges.
Penalties for Elder Abuse:

• Misdemeanor: Up to one year in county jail and/or a fine of up to $1,000
• Felony: Up to four years in state prison

Reckless Driving (Vehicle Code 23103)
Reckless driving, defined under California Vehicle Code 23103, involves "wanton disregard for the safety of persons or property." This includes excessive speeding, running red lights, or other dangerous actions jeopardizing others' safety.

Penalties for Reckless Driving:

• Misdemeanor: Up to 90 days in county jail and/or a fine from $145 to $1,000
• Felony: If reckless driving injures others, the penalties can be more severe, including longer jail time and larger fines.

Reckless driving is typically charged as a misdemeanor, unless it leads to injury or death, in which case it may be elevated to a felony. Additionally, a reckless driving conviction adds two points to the driver's California DMV record, which could result in a license suspension. If you're facing such charges, it's crucial to consult with a skilled attorney for guidance on fighting a DUI license suspension in California.

Brandishing a Firearm (Penal Code 417)
While not always classified as reckless endangerment, brandishing a firearm in a threatening or careless way may lead to charges that involve endangering others. Under Penal Code 417, it is unlawful to brandish a gun in a way that causes others to fear for their safety reasonably.
Recklessly brandishing a firearm can create an immediate risk of harm or death, even if the person holding the weapon did not intend to cause harm.

How Reckless Endangerment Charges Are Evaluated in California

In California, determining whether an act qualifies as reckless endangerment depends on subjective and objective tests. These tests are used to assess the defendant's knowledge and perceptions at the time of the alleged offense.

• Subjective Test: This test considers the defendant's state of mind, including what they knew or should have known about the potential risks of their actions. If the defendant was aware of the risks and chose to ignore them, they may be held accountable for reckless endangerment.
• Objective Test: This test evaluates whether a reasonable person, under similar circumstances, would have acted differently. The test looks at the defendant's actions from the perspective of an average person with similar abilities and knowledge.

Both tests help establish whether the defendant's behavior was reckless and created a significant risk to others. If the prosecution may prove that the defendant acted recklessly, they may face severe criminal charges.

Defending Against Reckless Endangerment Charges

If you have been charged with a reckless endangerment crime, having an experienced criminal defense lawyer by your side is crucial. A competent attorney will challenge the evidence presented by the prosecution and examine whether the charges against you are justified. Some common defenses in reckless endangerment cases include:

• Lack of Criminal Intent: In many cases, reckless endangerment charges are brought against individuals who did not intend to cause harm. An experienced defense lawyer will argue that the defendant did not act maliciously and that their actions resulted from a mistake or oversight.
• False Allegations: In some cases, defendants may be falsely accused of reckless endangerment. A criminal defense attorney will study the facts and work to disprove the accusations against you.
• No Substantial Risk: A key element of reckless endangerment is whether the actions created a substantial risk of harm or death. If the defense can demonstrate that the risk was minimal or nonexistent, the charges may be reduced or dismissed.

Reckless Endangerment Attorney in California

California does not have a specific statute for "reckless endangerment," but reckless conduct that endangers others can lead to charges such as DUI with a minor passenger, child endangerment, elder abuse, or reckless driving, all of which can result in serious legal consequences. Defending against DUI charges in California is crucial, especially when minors are involved, as these charges carry enhanced penalties. If you're facing such charges, it's important to consult with an experienced criminal defense lawyer who can help protect your rights and build a strong defense.
If you've been accused of reckless endangerment, working with a criminal defense lawyer is essential. Bulldog Law, a trusted California law firm, can help you understand your rights, create a strong defense, and get the best possible outcome for your case. Contact a criminal defense lawyer today for the support you need.