Recklessly Endangering Another Person (REAP)
Recklessly endangering another person is a criminal offense more commonly referred to as reckless endangerment or simply abbreviated as REAP. A person can be charged with this crime if he or she recklessly engages in conduct which places or could place another person in danger of death or serious bodily injury.
It is important to understand that Pennsylvania Consolidated Statute § 302(b)(3) establishes, “A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.” In other words, a person who accidentally or negligently engages in conduct that endangers others could not be guilty of a REAP offense.
Attorney for Reckless Endangerment Arrests in West Chester, PA
Were you recently arrested in southeastern Pennsylvania for allegedly recklessly endangering another person? No matter how confident you are in your innocence, do not say anything to authorities without legal representation. Contact Ciccarelli Law Offices as soon as possible.
Our criminal defense lawyers in West Chester defend clients charged with crimes of violence in Springfield, Kennett Square, King of Prussia, Lancaster, Malvern, Philadelphia, Plymouth Square, Radnor, and many other surrounding areas of Chester County.
Call (610) 692-8700 to have our attorneys provide an honest and thorough evaluation of your case during a free, confidential consultation.
Reckless Endangerment Overview in Pennsylvania
- How can a person be charged with recklessly endangering another person?
- What are the consequences of REAP convictions?
- Where can I learn more about reckless endangerment in West Chester?
Pennsylvania Consolidated Statute § 2705 establishes that a person commits a REAP offense if he or she recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. Recklessly endangering another person is a second-degree misdemeanor.
A person acts recklessly, under Pennsylvania Consolidated Statute § 302(b)(3), if he or she consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The statute further notes that the risk must be of such a nature and degree that, considering the nature and intent of the alleged offender’s conduct and the circumstances known to him or her, its disregard involves a gross deviation from the standard of conduct that a reasonable person would observe in the alleged offender’s situation.
REAP charges are often connected to other criminal offenses, such as assault charges, child abuse, or driving under the influence (DUI) crimes resulting in motor vehicle accidents. Keep in mind that a prosecutor does not have to prove that an alleged offender’s reckless conduct caused death or serious bodily injury, only that another person was potentially at risk of death or serious bodily injury.
As second-degree misdemeanor offenses, REAP convictions are punishable by up to two years in jail and fines of up to $5,000. Convictions can also cause additional hardships for individuals in matters concerning employment, housing, or professional licenses.
The possible defenses against recklessly endangering another person charges vary by case. In many cases, the alleged offender’s actions were simple negligence and did not constitute the definition of recklessness.
In some cases, alleged offenders may be able to argue that the alleged actions did not involve any risk of death or serious bodily injury to other parties. In other cases, it may be possible that the alleged offender was misidentified. When a prosecutor does not have sufficient evidence to prove the crime beyond a reasonable doubt, the lack of evidence can always lead to criminal charges possible being thrown out.
Negligence | Title 18 Pennsylvania Consolidated Statute § 302 | General requirements of culpability — View this section of the Pennsylvania Code to read the full definition of recklessly. You can also find definitions relating to intentionally, knowingly, and negligently. The statute also explains when prescribed culpability requirement applies to all material elements, when requirement of intent is satisfied if intent is conditional, and when requirement of willfulness is satisfied by acting knowingly.
Ciccarelli Law Offices | West Chester Reckless Endangerment Defense Lawyer
If you were arrested for an alleged REAP offense anywhere in southeastern Pennsylvania, it will be in your best interest to immediately retain legal counsel. Ciccarelli Law Offices represents individuals in communities throughout Montgomery County, Chester County, Delaware County, Lancaster County, and the greater Philadelphia area.
Our West Chester criminal defense attorneys will tirelessly work as team to help you achieve the most favorable outcome to your case the results in the fewest possible consequences.
Call (610) 692-8700 or complete an online contact form to have our lawyers review your case and help you understand all of your legal options during a free, confidential consultation.