What is a Reckless Endangerment Charge Under ARS 13-1201?

What is Reckless Endangerment Under ARS 13-1201

Under Arizona Revised Statutes (ARS) 13-1201, reckless endangerment is defined as the act of recklessly endangering another person by creating a substantial risk of imminent death or physical injury.

This statute is designed to address situations where an individual’s actions, whether intentional or not, pose a significant danger to others.

ARS 13-1201 is divided into two key provisions:

• Subsection A: A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury. The term “recklessly” is crucial here, as it implies that the person was aware of the risk their actions posed but chose to disregard it, thus putting others in harm’s way.
• Subsection B: The statute further classifies endangerment into different levels of severity:
  • If the conduct involves a substantial risk of imminent death, the offense is classified as a Class 6 felony. This reflects the grave nature of actions that could potentially lead to a person’s death.
  • In all other cases, where the risk involves only physical injury and not death, the offense is classified as a Class 1 misdemeanor.

For example, driving at extreme speeds through a school zone could be considered reckless endangerment, particularly if it endangers the lives of children present. If no one is injured, this could be prosecuted as a Class 1 misdemeanor. However, if the risk is deemed to have created a substantial risk of death, it could escalate to a Class 6 felony.

What Type of Actions Constitute Reckless Endangerment? 

Reckless endangerment encompasses a wide range of actions, all of which share the common factor of creating a substantial risk of harm to others.

Under ARS 13-1201, these actions must be reckless, meaning the individual knew or should have known about the risk their behavior posed but chose to ignore it.

Here are some examples of actions that could be considered reckless endangerment in Arizona:

• Dangerous Driving Behavior: Operating a vehicle at excessive speeds, weaving in and out of traffic, or running red lights in a crowded area can constitute reckless endangerment. Such actions put other drivers, pedestrians, and passengers at risk of serious injury or death.
• Firearms Misconduct: Discharging a firearm in a public place, whether intentionally or negligently, can lead to a reckless endangerment charge. For example, shooting a gun into the air during a celebration in a residential neighborhood could endanger the lives of anyone nearby.
• Child Endangerment: Leaving a child unattended in a hot car, especially during Arizona’s extreme summer temperatures, is another form of reckless endangerment. The risk of imminent death or serious injury in such situations is high, leading to severe legal consequences.
• Handling Hazardous Materials: Recklessly storing or transporting hazardous materials, such as chemicals or explosives, in a way that endangers others can also be classified as reckless endangerment. For instance, improperly storing large quantities of flammable liquids in a residential area could pose a substantial risk to neighbors.
• Extreme Sports or Dangerous Stunts: Engaging in or encouraging others to participate in dangerous activities without proper safety measures can lead to reckless endangerment charges. Examples include organizing a car race on public streets or attempting stunts that endanger spectators.

These examples highlight the diverse situations where reckless endangerment can occur. The key factor in each case is the substantial risk of harm or death created by the reckless behavior. 

What are the Penalties for Endangerment? 

The penalties for endangerment in Arizona depend on whether the offense is classified as a misdemeanor or a felony under ARS 13-1201. The severity of the punishment reflects the degree of risk and the potential harm caused by the reckless behavior.

• Misdemeanor Endangerment: If the endangerment is deemed to involve a substantial risk of physical injury but not death, it is charged as a Class 1 misdemeanor. The penalties for a Class 1 misdemeanor in Arizona can include:
  • Up to six months in jail
  • Fines of up to $2,500, plus additional surcharges
  • Probation, which may involve community service, counseling, or other conditions imposed by the court
• Felony Reckless Endangerment: When the reckless conduct involves a substantial risk of imminent death, the offense is elevated to a Class 6 felony. The penalties for a Class 6 felony are more severe and can include:
  • Prison time ranging from four months to two years, depending on the circumstances and the defendant’s criminal history
  • Fines of up to $150,000, plus additional surcharges
  • Probation or parole after serving a portion of the prison sentence

In addition to these legal penalties, a conviction for reckless endangerment—especially if it’s a felony—can have lasting consequences on a person’s life. A felony record can impact employment opportunities, the right to vote, and the ability to own firearms, among other civil rights.

Can a Felony Endangerment Charge Be Reduced to a Misdemeanor Endangerment Charge? 

Yes, a felony endangerment charge can potentially be reduced to a misdemeanor endangerment charge, depending on the specifics of the case.

The primary difference between the two lies in the level of risk involved—felony endangerment involves a substantial risk of imminent death, while misdemeanor endangerment involves a risk of physical injury without the likelihood of death.

Several defenses can be used to seek a reduction in charges. One common defense is to challenge the prosecution’s claim that the defendant’s actions posed a substantial risk of death. By providing evidence that the risk was less severe, the defense can argue that the conduct only warranted a misdemeanor charge.

Another defense may involve questioning whether the defendant’s actions were truly reckless or if they were merely negligent, which could also support a reduction to a misdemeanor.

Additionally, showing that the defendant took steps to mitigate the risk, such as attempting to stop the dangerous behavior or warning others of potential harm, might also lead to a lesser charge.

At the Law Office of Daniel Hutto, we work diligently to examine all aspects of the case, seeking opportunities to reduce charges and lessen the potential penalties. Our goal is to achieve the best possible outcome for our clients, whether through negotiation, reduction of charges, or dismissal of the case.

If you’re facing reckless endangerment charges in Arizona, the Law Offices of Daniel Hutto is here to provide the strong legal defense you need. Daniel Hutto, our founder, has a wealth of experience as both a prosecutor and defense attorney, uniquely positioning him to understand both sides of the criminal justice system. 

At our firm, we prioritize protecting your rights and crafting a tailored defense strategy to achieve the best possible outcome. Whether aiming to reduce charges or seek a full dismissal, Daniel Hutto and his team are dedicated to guiding you through this challenging time.

Contact the Law Offices of Daniel Hutto today at 602 536-7878 for an initial consultation and let us help safeguard your future