NRS 202.595: Reckless Endangerment in Nevada – What It Means, Penalties, & Others
NRS 202.595, commonly referred to as Reckless Endangerment in Nevada, is a criminal offense that prohibits someone from engaging in conduct that places another person or property at substantial risk of harm. This statute covers a wide range of behaviors including driving under the influence and discharging firearms recklessly. Violation of this statute can result in serious penalties such as jail time and hefty fines.
In this article, we will discuss what NRS 202.595 means, its associated penalties, defenses available to those charged with reckless endangerment, examples of cases involving the statute, and related offenses that may be charged alongside it. Lastly, we will provide information on finding legal help if you are facing charges for violating NRS 202.595 – Reckless Endangerment in Nevada.
What Does the Law Say About Reckless Endangerment in Nevada
NRS 202.595, the statute covering reckless endangerment in Nevada, is very short. Basically, “a person who performs any act or neglects any duty imposed by law in willful or wanton disregard of the safety of persons or property” is guilty of reckless endangerment.
It is a very “broad” crime and people can find themselves arrested for reckless endangerment in Las Vegas including:
- Leaving a child unsupervised in a playground
- Setting off legal fireworks too close to other people or structures
- Crossing a heavily trafficked road in an unauthorized manner (jaywalking)
- Driving intoxicated or speeding with children in the vehicle
- Firing a legally purchased gun in a busy neighborhood
As you can probably surmise, reckless endangerment is a wide-ranging offense that can potentially incriminate anyone for any behavior that appears intentional and potentially dangerous, which makes it a subjective legal concept in Las Vegas. However, given the subjective nature of reckless endangerment charges, prosecutors may be more willing to negotiate plea deals in such cases.
Penalties for Reckless Endangerment
There are two separate penalties that may be imposed upon conviction of Reckless Endangerment in Nevada. This depends on the severity of the offense—or more specifically if it involved substantial bodily harm or death.
Below are the penalties for reckless endangerment in Nevada:
- If the act/neglect does not result in bodily injury or death:
- Gross misdemeanor
- Up to $2,000 fines and/or
- Up to 364 days in jail
- If the act/neglect results in bodily injury or death:
- Category C felony
- From 1 – 5 years in prison and/or
- Up to $10,000 in fines
Defenses to a Charge of Reckless Endangerment
If you are facing a charge of reckless endangerment in Nevada, there is still hope. You do not have to accept the charges and there may be ways to make them go away. Below are some possible defenses available to those charged with Reckless Endangerment in Nevada:
- Insufficient evidence: The prosecutor must prove your guilt beyond a reasonable doubt. If the evidence is insufficient, the charges may be dropped.
- The act was not intentional: Reckless Endangerment requires an intentional act. If you had no intention of causing harm or endangering anyone, then you are not guilty of this charge.
- False accusation: It is possible that you have been wrongly accused. If this is the case, your attorney may be able to demonstrate it in court.
Related Offenses to Reckless Endangerment
There are numerous offenses that can be charged alongside or instead of Reckless Endangerment in Nevada. Below are some of the most common:
Assault or Battery
Assault or Battery can be charged along with reckless endangerment. For example, this Nevada man was arrested and charged with aggravated assault together with reckless endangerment for firing a gun and injuring another.
Destruction of Property
NRS 206.310 covers the crime of malicious destruction of property in Nevada. It is closely related to reckless endangerment because it requires a willful disregard for the danger posed by destroying another person’s property.
NRS 203.050 defines affray as an unlawful fight that has been purposely created by two or more people in a public place and is likely to cause terror of injury to others. It is similar to reckless endangerment because it involves creating a dangerous situation in a public space. For example, you were involved in an affray, picked up a chair, and swung it around endangering not just your opponent but other bystanders, you can be charged with both.
Finding Legal Help for Reckless Endangerment
If you have been charged with reckless endangerment in Nevada, it is important that you seek legal help as soon as possible. A criminal defense attorney will be able to evaluate the facts of your case and provide the best advice on how to proceed. They may also be able to negotiate a plea deal or challenge the prosecution’s evidence.
By getting legal advice, you can ensure that your rights are protected and that the best possible outcome is achieved. An experienced Nevada criminal defense attorney will be able to guide you through the process and give you the best chance of a favorable outcome.
The Defenders is a Las Vegas criminal defense law firm that has experience in Reckless Endangerment cases. We are dedicated to finding the best possible outcome for our clients and will work tirelessly to ensure your rights are protected. Contact us today for a free consultation.
We understand that facing these charges can be overwhelming, so our team is here to provide you with the support and guidance you need throughout this process. We will be with you every step of the way, fighting for your rights and ensuring that justice is served.
Frequently Asked Questions
What is the penalty for reckless endangerment in Nevada?
If you are found guilty of reckless endangerment in Nevada, you could face up to 5 years in prison and/or fines of up to $10,000.
Is Reckless Endangerment a felony or misdemeanor?
Reckless endangerment can be charged as either a felony or a misdemeanor depending on the facts of the case. Generally, it is charged as a gross misdemeanor, which carries a maximum sentence of 365 days in jail and/or up to $2,000 in fines.
What kind of evidence is needed to prove reckless endangerment?
In order to be found guilty of reckless endangerment, the prosecution must prove that you acted with disregard for the safety of others and put them at risk of harm. This could include things like driving recklessly, firing a gun into a crowd, or engaging in an affray in public. The prosecutor must be able to demonstrate beyond a reasonable doubt that your actions met this standard and endangered someone else’s safety.
Can I get my Reckless Endangerment charge dismissed?
It is possible to get your Reckless Endangerment charge dismissed, depending on the facts and circumstances of your case. Your criminal defense attorney may be able to negotiate a plea deal or challenge the evidence presented by the prosecution in order to get your charge reduced or dismissed.