Reckless endangerment is a serious criminal charge in Washington State. A conviction could result in fines, jail time, and other penalties. If a juvenile is charged with reckless endangerment, the criminal record could have life-long consequences. Our Seattle criminal defense attorney discusses special considerations parents need to know if their child is charged with reckless endangerment.
What Is Reckless Endangerment?
Under RCW 9A.36.50, reckless endangerment is a gross misdemeanor. A person is guilty of reckless endangerment when they recklessly engage in conduct that creates a substantial risk of causing serious injury or death to someone else.
The key elements of a reckless endangerment charge are that the person:
- Awareness of Risk – The person knew that their conduct could result in harm to someone.
- Acted Recklessly – The person ignored the potential for causing harm to someone and chose to act despite the danger.
The potential penalties for reckless endangerment include a maximum fine of $5,000 and up to 364 days in jail. Depending on the facts of the case, the judge may order other penalties such as probation, court-order treatment, and community service.
Because reckless endangerment is a crime against a person, there could be other consequences. The potential collateral consequences of a reckless endangerment charge could make obtaining employment or a professional license difficult. The conviction could impact child custody matters and immigration status. A criminal record may disqualify someone from specific grants and student aid.
Can a Juvenile Recognize Reckless Behavior?
The state must prove that the defendant was aware their conduct was reckless and could cause harm to someone. Depending on the child’s age, they may not recognize reckless behavior like an adult. Brain development, hormonal changes, emotional issues, and other factors may be mitigating circumstances in a juvenile reckless endangerment case.
An attorney can help you retain experts to examine your child to determine if they understood the danger in their actions. If not, this could be a defense to charges of reckless endangerment.
Other Considerations for a Juvenile Charged With Reckless Endangerment in Washington State
The juvenile court hears most juvenile cases unless the minor is charged as an adult. Minors are housed in a juvenile detention facility instead of an adult jail. There are several diversion programs that juveniles may use to avoid formal prosecution.
If a juvenile is guilty of reckless endangerment, the sentence differs from an adult conviction. The juvenile justice system focuses on rehabilitation. Therefore, the judge may order counseling, therapy, educational programs, community service, and probation instead of incarceration.
A juvenile’s record may be expunged or sealed when they turn 18 years old or complete their sentence. Ensuring this step occurs can help your child move on with their life without a criminal record holding them back.
Get Help From an Experienced Seattle Criminal Defense Attorney
If your child has been arrested for reckless endangerment or another crime, you need to seek legal counsel immediately. Depending on the charges and the facts of the case, your child could be incarcerated or tried as an adult. Call Jennifer Horwitz Law to schedule a confidential consultation with our Seattle criminal defense attorney.