Reckless Endangerment

A momentary lapse of judgment in Tacoma, Washington, can lead to life-altering consequences. Certain actions can create a serious risk to others, even if no one is harmed, and it can still lead to criminal charges. One such offense is reckless endangerment. Whether it involves unsafe driving or something else, this charge is taken seriously and has significant penalties.

If you are facing reckless endangerment charges, it’s important to familiarize yourself with the process and learn how a skilled Tacoma criminal defense attorney can make a big difference.

Reckless endangerment is governed under RCW 9A.36.050, which states, “A person is guilty of reckless endangerment when he or she recklessly engages in conduct not amounting to a drive-by shooting but that creates a substantial risk of death or serious physical injury to another person.”

It is considered a gross misdemeanor, meaning it is more serious than a simple misdemeanor charge but less serious than a felony.

To convict you of reckless endangerment, the prosecution will need to prove:

• Recklessness: They have to prove that you knew that your actions would cause harm, yet you ignored the risk.
• Substantial Risk: The behavior created a real possibility of death or serious physical injury.
• No Actual Injury Required: The crime focuses on the risk, not the results.

You can be charged with reckless endangerment in Tacoma even if you didn’t intend to hurt anyone. Common scenarios include:

• Leaving a loaded firearm accessible to children
• Driving at dangerous speeds through neighborhoods or school zones
• Leaving children unattended in unsafe areas
• Firing a weapon into the air during a celebration
• Violent conduct in the presence of others, especially minors

In Washington, DUI charges can sometimes be reduced to reckless endangerment, especially when there are mitigating factors.

• Companion Charges: When children are present in the vehicle during a DUI incident
• Charge Reductions: Negotiated plea deals to lessen your penalties

The advantages of charge reduction include:

• Can avoid a mandatory license suspension
• Won’t be required to use an ignition interlock device
• May see potentially lower fines and less jail time

A reckless endangerment conviction in Washington carries the following potential consequences:

• Up to 364 days in jail
• Fines of up to $5,000
• Probation or community supervision
• Mandatory counseling or treatment programs
• Loss of firearm rights in certain circumstances (especially in domestic violence-related cases)

If you’re charged with reckless endangerment or a DUI (RCW 46.61.502) in Tacoma, here’s what you can expect:

• You are arrested and taken to a local jail in Pierce County.
• Breath or blood tests are used if alcohol is suspected.

• You appear before a judge, hear your charges, and enter your plea.
• Bail or release conditions are determined.

• Your Tacoma criminal defense attorney can file motions to suppress evidence or dismiss the charges.
• Negotiations often take place during this stage.

• If a plea isn’t agreed on, the case proceeds to trial.
• If the charge is reduced (a DUI to reckless endangerment), sentencing follows the agreed-upon terms.

• Penalties may include jail time, fines, probation, community service, or alcohol treatment programs.

• With the help of your Tacoma attorney, you can look toward expungement or sentence modification in the future.

A reckless endangerment charge isn’t as serious as a DUI, but it is still considered a criminal offense and will remain on your record unless expunged. It can impact your life in the following ways:

• May limit employment opportunities
• May affect your immigration status
• May be used in future court cases as a prior offense
• May affect your ability to obtain professional licenses (CDL, healthcare, education)

Your Tacoma defense attorney can explain all the options available to reduce the long-term consequences of a reckless endangerment charge on your record.

Driving under the influence with a child in the vehicle can elevate a reckless endangerment charge to a more serious offense. The prosecution might even push for harsher penalties, including felony child endangerment or enhanced sentencing under Washington’s aggravating factor laws.

• RCW 9.94A.535 allows for increased sentencing when the crime exposes a vulnerable victim, such as a child, to harm.
• Judges in Pierce County often treat these cases with particular seriousness.

The right legal representation is essential in such cases, as your Tacoma defense attorney can challenge the prosecution and argue mitigating circumstances.

Reckless endangerment is sometimes used as a lesser charge in plea deals, particularly when it comes to DUI cases. While it carries significant penalties, it is still generally considered less severe than a DUI conviction and might not include mandatory license suspension or interlock device requirements.

Some of the more common defenses your attorney may explore include:

• You didn’t act recklessly.
• There was no substantial risk.
• The risk was exaggerated or misinterpreted.
• You were defending yourself or someone else.
• The accusation is based on bias or is false.

If you have been charged with reckless endangerment in Tacoma, you face more than just a fine or a court date. You could find yourself up against a criminal record, jail time, and other long-term consequences that can affect your job, housing, and reputation. A skilled Tacoma criminal defense attorney can make a real difference in your case.

Washington State law broadly defines reckless endangerment, so prosecutors push for the harshest possible interpretation. Your local attorney knows how Pierce County courts handle these charges and can use that insight to your advantage.

Additionally, many reckless endangerment cases are built on subjective judgments. Your attorney can question whether the substantial risk was present and may be able to get those charges reduced or even dismissed entirely.

Now isn’t the time to leave your future up to chance. If you’re facing reckless endangerment charges in Tacoma, having a trusted defense attorney at your side is one of the smartest decisions you can make.