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Colorado statute CRS 18-3-208, known as reckless endangerment, is when someone participates in careless or negligent activities that risk the health and well-being of others. Reckless endangerment is a Class 2 misdemeanor and is punishable by up to 120 days in jail and/or a fine of up to $750.
If you have been arrested or charged with a crime, the best decision you can make is to
hire a good criminal defense attorney. With the right defense lawyer in your corner, you
will be advised and guided towards the best outcome for your case.
| Charge | Classification | Penalty |
|---|---|---|
| Reckless Endangerment | Class 2 Misdemeanor |
|
| (Colo. Rev. Stat. § § 18-3-208, 18-1.3-401, 18-1.3-406, 18-1.3-501.) |
The elements of the crime of false imprisonment are:
For the prosecutor to convict you of reckless endangerment, they must convince the jury that you are, without a doubt, guilty of the crime. They have to prove that you were acting recklessly. Unlike other charges, proving intent is unnecessary, which means the prosecutor doesn’t have to prove that you were intentionally being reckless to convict.
However, there are several defenses a criminal defense lawyer can use to confirm your innocence or to reduce your charges, such as:
18-3-208. Reckless Endangerment:
A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person commits reckless endangerment, which is a class 3 misdemeanor.
Reckless endangerment can leave a stain on your criminal record. Even if you weren’t intentionally being reckless or if you didn’t cause anyone bodily harm, you can still be convicted of reckless endangerment in Colorado. With many other criminal offenses, the prosecutor must prove intent to convict. However, that is not the case for reckless endangerment. This, in some ways, makes it easier for you to be convicted. A criminal conviction requires that the jury finds you guilty of a reckless endangerment charge that could cause severe harm to others around you. There are several defenses to this crime, such as acting out of necessity or your actions being accidental. It’s still important to know what Colorado law says about reckless endangerment to defend yourself from being convicted.
Reckless endangerment charges can involve a wide variety of actions. A typical example would be driving while impaired.
Other examples include:
Reckless endangerment convictions can be sealed in Colorado. Your conviction can be sealed two years after the case ends. If your case is dismissed, you don’t have to wait to petition for a seal. Public agencies cannot see the crime on your record when sealing your record.
While the prosecutor doesn’t have to prove intent, they still have to prove that you acted recklessly in a way that could result in endangering someone. They can show this using witnesses’ testimonies or video and photo evidence.
The prosecutor also has to prove that you knew your actions could result in harming others around you.
