Is Criminal Negligence Always Reckless Endangerment?

In some criminal cases, Nevada law requires the defendant to have engaged in criminal negligence to have committed the charged offense. Nevada criminal law also has an offense popularly known as “reckless endangerment.” But does criminal negligence always lead to a charge of reckless endangerment?

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A person engaging in criminal negligence typically violates a specific criminal statute. However, reckless endangerment frequently serves as a “catch-all” crime when a person commits a minor criminal offense or a non-criminal offense (such as a traffic violation) while engaging in criminal negligence.

What Is Criminal Negligence?

Nevada law defines “criminal negligence“ as a failure to give reasonable attention to the nature or probable causes of an act or omission. Criminal negligence typically does not involve intentionality or willfulness by a criminal defendant to commit a crime or inflict injuries. Instead, it arises from an obliviousness to the consequences of one’s actions that a reasonable person would ordinarily recognize and adjust their behavior accordingly.

However, criminal negligence involves a higher degree of culpability than negligence in a personal injury case. It requires more than ordinary carelessness, lack of focus, or errors in judgment. A person may engage in criminal negligence when they:

• Act in a manner that significantly deviates from how a reasonable person would act in similar circumstances
• Demonstrate a disregard for safety in a situation where they should have recognized a substantial risk to human life
• Engage in inappropriate or aggravated behavior

Common examples of cases involving criminal negligence as the required level of culpability include involuntary manslaughter, child endangerment, and the criminal neglect of patients.

Understanding Reckless Endangerment Charges

Nevada defines “reckless endangerment“ as performing any act or neglecting any legal duty in willful or wanton disregard for other people’s or property’s safety. The crime of reckless endangerment constitutes a gross misdemeanor if the act or omission does not cause significant injuries or fatalities. However, if a person suffers severe injuries or death due to the act or omission, a defendant will face a Category C felony charge. 

A person may face a charge of reckless endangerment for acts such as:

• Bicycling on a public road under the influence of alcohol or drugs
• Setting off fireworks near people or buildings
• Walking in front of oncoming traffic

Reckless Endangerment vs. Criminal Negligence

In Nevada, reckless endangerment can serve as a “catch-all” crime for various forms of conduct that constitute criminal negligence. Some statutes for specific offenses designate criminal negligence as the required mental state for the crime. However, law enforcement or prosecutors may charge someone with reckless endangerment in any situation where it appears they endangered others’ safety or property after consciously disregarding the substantial risk their actions posed. 

For example, a person who crosses the street outside a marked crosswalk or intersection may receive a ticket for jaywalking or failing to yield to vehicular traffic if they cross in front of oncoming vehicles, such as while distracted by headphones or a cell phone. However, suppose the person looked for oncoming traffic, saw approaching vehicles, and stepped into the street in front of those vehicles. In that case, police may charge them with reckless endangerment for putting the occupants of those vehicles at risk of an accident if they attempted to stop or swerve to avoid hitting them.

Penalties for a Reckless Endangerment Conviction

As a gross misdemeanor, reckless endangerment carries a penalty of up to 364 days in county jail, a potential fine of up to $2,000, or both. When charged as a Category C felony, a reckless endangerment conviction carries a penalty of one to five years in prison and a potential fine of up to $10,000. Furthermore, a criminal conviction can have long-term consequences, as a criminal record that will appear on a background check can make it challenging to secure employment, housing, or educational opportunities.

Defenses to Reckless Endangerment

A person facing a reckless endangerment charge may have various potential legal or factual defenses, depending on the facts of the case. Some common defense strategies in reckless endangerment cases include:

• Lack of Recklessness – The defense may argue that a defendant’s actions constituted ordinary negligence or a harmless accident. Reckless endangerment typically requires wantonness or a conscious disregard for other people’s safety or property. 
• Lack of Threat to Public Safety – A defense argument against a reckless endangerment charge might argue that the defendant’s actions posed no threat to the safety of people or their property. If the defendant’s actions did not threaten safety, the defendant could not have disregarded such a threat. 
• Exculpatory Evidence – Surveillance footage or witness testimony may contradict the police’s or prosecution’s allegations about a defendant’s behavior. 
• Mistaken Identity – A defendant might argue that eyewitnesses or victims mistakenly identified them as the perpetrator.
• Alibi – A defendant can prove they did not commit the charged offense by showing they were elsewhere when the crime occurred.

How Can an Attorney Help You?

When facing a reckless endangerment charge, a criminal defense attorney can help you seek a favorable resolution to your case by:

• Independently investigating the facts of your case to recover all available evidence
• Reviewing the evidence to identify potential defense arguments and case strategies
• Challenging all aspects of the state’s case, including moving to exclude unlawfully obtained evidence where appropriate
• Negotiating a favorable plea deal, including by convincing prosecutors to reduce your charges to a less serious offense (such as reducing a reckless endangerment charge to a non-criminal traffic offense) or arguing for a lesser sentence
• Advocating your innocence at trial if you choose to fight your charges

Contact Our Team When Facing Criminal Negligence or Reckless Endangerment Charges

If you face charges of criminal negligence or reckless endangerment in Las Vegas, NV, you need an experienced attorney who will fight to protect your rights, reputation, and freedom. Contact De Castroverde Law Group Criminal & Immigration today for a confidential consultation with a criminal defense attorney to discuss your options for resolving your charges.