Recklessly Endangering Another Person

Reckless Endangering Another Person - 18 Pa. Cons. Stat. § 2705 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.

Guns & Reckless Endangerment 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) Ability to actually harm and Reckless Endangerment 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)

A criminal case begins with the filing of the charging paperwork in the District Court. The District Court serves as the gatekeeper for the Court of Common Pleas and generally does not decide guilt or innocence nor does it impose sentences in Misdemeanor and Felony cases. Under Pa.R.Crim.P. 509, a warrant is required when a felony or murder is charged and in specified circumstances such as reasonable grounds to believe the defendant will ignore a summons or poses a threat. A summons is ordinarily required when the most serious charge is a second-degree misdemeanor or a first-degree-misdemeanor DUI, absent those exceptions. Other cases—including many non-DUI first-degree misdemeanors—may fall within the issuing authority’s discretion. The actual charge, release status, service history, and case-specific facts control.

The Preliminary Arraignment is the first court date a defendant must attend. At the preliminary Arraignment the MDJ will set bail. If an arrest warrant has issued, this will occur prior to the preliminary hearing. If a preliminary hearing was scheduled via summons, the Preliminary Arraignment will occur simultaneous to the Preliminary Hearing.

Preliminary Hearings are the first opportunity for the Defense to test the evidence the Commonwealth plans to bring against them. While the burden the Commonwealth must meet at this level is very low, it is a critical stage of the defense because it allows for the opportunity to lay the strategic groundwork that may make or break a defense in the upper courts. You should never waive a preliminary hearing without an attorney.

Formal Arraignment is the first court appearance in the Court of Common Pleas. The purpose of the Formal Arraignment is to inform defendants of certain rights they have and deadlines in their case. If negotiations have led to a favorable plea agreement in your case, a plea may be entered at this court date

Depending on the individual case, any of the following types of court hearings may occur after preliminary arraignment but before a trial: • Diversionary Program Hearing – A diversionary program may permit an eligible person to complete court-ordered conditions without a conviction if admitted and completed successfully. ARD and treatment-court eligibility are governed by statute, current county criteria, prosecutorial discretion, and court approval; prior history may affect eligibility. • Habeas Corpus Hearing – A Habeas Corpus hearing, like a preliminary hearing, may be held to contest the sufficiency of the Commonwealth’s evidence prior to a trial. • Suppression Hearing – A suppression hearing may be held to have evidence illegally obtained by the police ruled inadmissible at trial. • Guilty Plea – If the Commonwealth and the defendant agree upon the terms of a guilty plea, a plea may occur at any time throughout the criminal court process

Whether a criminal trial is heard by a jury or by a judge depends on the grading, the right to a jury, any valid waiver, the court’s approval where required, and case-specific strategy. The decision should follow review of the charge, likely evidence, available defenses, and procedural rules—not a generalized assumption about emotion. If the case proceeds as a jury trial the judge, the prosecutor and the defense attorney will question potential jurors. Each side, without any justification, can eliminate a certain number of jurors. Another number of potential jurors can be eliminated based on a list of legal justifications. Eventually, through this process, a jury is reached and seated for trial. After a jury is chosen, the trial begins with opening statements. Because the government has the burden of proof, the prosecutor is allowed to make his opening statement first. The defense will then have the option of making an opening statement or waiting until after the prosecution rests its case. Defense lawyers usually opt to deliver opening statements immediately after the prosecution so that jurors can examine the government’s evidence under the defense’s theory of the case. After the opening statement(s), each side has the opportunity to present its case. The prosecution must present its case first. During this time the government presents evidence and elicits testimony from its witnesses. The defense is entitled to cross-examine each witness that the government calls. The prosecution must establish each charge beyond a reasonable doubt. When the prosecution rests, the defense presents evidence to the jury. If the prosecution’s case is weak, the defense may argue to have the case dismissed at this point. If the motion is denied the defense will move forward with its case. After the presentation of evidence concludes, the parties may make closing arguments. The order of argument and any rebuttal follow the applicable rules and the court’s directions. The defendant may testify as a witness in his or her defense. However, doing so opens the door for the prosecution to attempt to discredit the witness and in many cases allows the prosecution to bring up harmful information from the defendant’s past. While the prosecution must establish its case beyond a reasonable doubt, the defense has no obligation to present a case. When advantageous, the defense may rely solely upon raising a reasonable doubt in the prosecution’s case. After the closing arguments, the judge will read specific instructions to the jury outlining the legal standards necessary to decide if the defendant is to be found guilty or not guilty. The jury then leaves the courtroom to deliberate the case. If the jurors cannot reach a unanimous verdict, the court may declare a mistrial. A hung jury does not automatically dismiss the charges; subject to constitutional limits and later court rulings, the prosecution may seek a new trial or may decide not to retry the case.