Our Reckless Endangerment Defense Attorneys Represent Defendants in Allentown, Bethlehem & Easton and throughout the Greater Lehigh Valley
Our Violent Crime Criminal Defense Attorneys have represented numerous individuals charged with Recklessly Endangering Another Person in Easton, Allentown, Bethlehem & the Greater Lehigh Valley. We have successfully had Lehigh & Northampton County Reckless Endangerment charges dismissed or downgraded.
In Pennsylvania, 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. To prosecute someone for Reckless Endangerment, the District Attorney must be able to show an actual risk of danger. For example, if the charges are based upon the pointing of a gun at the alleged victim, the District Attorney must be able to prove that the firearm was loaded. Unfortunately, the risk, or chance of serious injury need not be high. For example, there is precedent that an HIV positive individual may commit REAP if he or she engages in sexual activity without first informing their partner of his or her HIV status. We have successfully defended a variety of Reckless Endangerment cases.
Our Criminal Defense Attorneys in Easton, Pennsylvania are here to help. Call now if you, or a loved one, are facing Reckless Endangerment charges.
When at all possible we want to be involved in a Lehigh or Northampton County Reckless Endangerment case as early as possible. As time passes, memories fade or distort and witnesses may become harder and harder to track down. Security camera footage in Allentown, Bethlehem or Easton may be overwritten and cell phone records may be destroyed. The earlier we are contacted, the better outcome we can achieve. When at all possible, we prefer to be involved in an Reckless Endangerment case, prior to the Preliminary Hearing in order to maximize our ability to defend against the Reckless Endangerment charges.
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 or Common Pleas and generally does not decide guilt or innocence nor does it impose sentences in Misdemeanor and Felony cases.
If the charges are felonies, M1 charges, domestic violence related misdemeanors or misdemeanors observed by a law enforcement officer, the Magisterial District Judge (MDJ) will issue an arrest warrant. For all other charges the MDJ will merely mail a summons to appear for a preliminary hearing or summary trial.
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 – Diversionary Programs allow defendants a path through the criminal justice system that does not risk the chance of conviction. First time offenders may be eligible for the ARD program. Other defendant’s may be eligible for Mental Health Court regardless of whether they have prior convictions.
• 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
In most criminal trials, cases proceed in front of a jury. However, sometimes it may be best to opt for a non-jury trial. Non-jury trials are most often used when the nature of the crime is one that risks a jury finding someone guilty based upon emotion rather than facts.
If the case precedes 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 go forwards with its case.
After the prosecution and criminal defense lawyer have rested their case, each side will have the opportunity to make a closing argument. The defense lawyer delivers the first argument and the prosecution follows him or her.
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 all jurors cannot reach a unanimous decision, the jury is “hung,” and the case may be dismissed or it may be tried in front of a new jury.
If you need any legal assistance in the Lehigh Valley, please feel free to contact us. Our Easton Law Office will get back to you within one business day. Or, just call us now.
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