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Recklessly endangering another person, or REAP, is a misdemeanor and carries a sentence of up to 2 years in prison.
Recklessly endangering another person is often the result of charge loading and a person is very rarely charged solely with REAP. Recklessly endangering another person is defined by law under 18 Pa. Cons. Stat. § 2705 as:
"A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury."
Recklessly endangering another person cases are most often won because the government cannot prove that the injury, or potential injury, was serious enough or that there was an actual and substantial risk of injury occurring. Some examples of case law regarding reckless endangerment include:
Pointing an unloaded gun, without more, does not constitute recklessly endangering another person. Comm. v. Gouse, 287 Pa. Super. 120, 429 A.2d 1129 (1981); In re Maloney, 431 Pa. Super 321, 636 A.2d 671 (1994). Threatening to shoot a person is insufficient to establish REAP unless the government can establish that the gun is loaded. Comm. v. Smith, 301 Pa. Super. 142, 447 A.2d 282 (1982). Firing a round into a hillside or other barrier is insufficient to establish REAP where there is no evidence of people in or near the path of the projectile. Comm. v. Kamenev, 358 Pa. Super 62, 516 A.2d 770 (1986). Possessing a recently fired gun, without evidence that gun was fired at or near people, is insufficient to establish REAP. Comm. v. Smith, 301 Pa. Super. 142, 447 A.2d 282 (1982)
Apparent ability to harm is insufficient without actual ability to harm. Comm. v. Gouse, 287 Pa. Super 120, 429 A.2d 1129 (1981); In re Maloney, 431 Pa. Super 321, 636 A.2d 671 (1994)
However, as with most criminal charges, the best defense can only be arrived at after careful consideration of all the details of the case with your attorney.
As a criminal defense law firm, We work diligently to find evidence that will support our client's innocence and establish a reasonable doubt that they are guilty of reckless endangerment of another person. As your defense attorney, we meticulously review police reports and eyewitness statements. We conduct own witness interviews and track down information that can help in obtaining a favorable outcome.
To schedule a free and confidential consultation regarding your criminal REAP charges, contact our office today.
Madsen Law Offices is located in Easton, Pennsylvania and represents clients throughout the Lehigh Valley, including Allentown, Bethlehem, Easton, Jim Thorpe, Stroudsburg and other outlying areas.
Madsen Law Offices
1000 Paul Street
Easton, Pa 18045
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