Recklessly Endangering Another Person

Recklessly 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. Kamenar, 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.

A preliminary arraignment occurs after an arrest or warrant in cases that require it. The issuing authority advises the defendant of the charges and rights and addresses bail. A case initiated by summons may proceed without a separate preliminary arraignment, so the complaint, summons, warrant, and hearing notice control the next appearance.

At a preliminary hearing, the Commonwealth must present a prima facie case for charges to continue. The hearing is not a trial, and waiver can sometimes be part of a lawful strategy or agreement. No one should waive—or categorically refuse to waive—without understanding the evidence, bail posture, negotiations, and consequences in the particular case.

Formal arraignment is a Court of Common Pleas proceeding at which the defendant is advised of the charges, rights, and important pretrial deadlines. The scheduling order and current county procedure control. A negotiated plea may sometimes be presented at or near that stage when permitted, but no agreement should be assumed and no filing deadline should be missed while discussions continue.

Proceedings after formal arraignment may include ARD or another diversion hearing, a habeas corpus challenge, a suppression or evidentiary hearing, a plea, a status event, or trial preparation. Each has a different legal standard and purpose. Suppression requires a supported constitutional or statutory basis; diversion remains discretionary; and a plea requires a knowing, voluntary, and intelligent decision after the terms and direct consequences are explained.

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 court and counsel examine potential jurors under the applicable rules. Challenges for cause and the permitted number of peremptory challenges depend on the case and governing procedure. The process continues until a qualified jury is selected and sworn. 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 may seek a judgment of acquittal when supported. The defense may then present evidence, but it has no obligation to do so and the defendant has a constitutional right not to testify. If a motion is denied, counsel and the client make the remaining trial decisions under the applicable rules. 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 has the right to testify and the right not to testify. If testimony is considered, counsel should explain the subjects and permissible impeachment that may arise under the Pennsylvania Rules of Evidence and the actual record. The decision is personal to the defendant and should not be reduced to a categorical statement that prior history will or will not be admitted. 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.