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Understanding Reckless Endangerment in Utah

Reckless Endangerment is a serious charge in Utah, often seen as the second cousin to assault and battery. In Utah, you don’t need to inflict actual harm to be convicted of Reckless Endangerment. Instead, the law requires that a defendant acted recklessly, creating a situation where someone could have been killed or seriously injured.

boy driving, black car, reckless endangerment

Jury Instructions for Reckless Endangerment

When a case goes to trial, the jury receives specific instructions to guide their deliberations. In a recent case, the court provided the following jury instructions:

  1. The conduct occurred under circumstances not amounting to a felony offense.
  2. The defendant recklessly engaged in conduct that created a substantial risk of death or serious bodily injury to another person.

These instructions serve as the foundation for the prosecution’s burden of proof, requiring them to establish each element beyond a reasonable doubt.

Utah’s Statute

According to Utah Code § 76-5-112, the statute states:

  1. A person commits reckless endangerment if, under circumstances not amounting to a felony offense, they recklessly engage in conduct that creates a substantial risk of death or serious bodily injury to another person.
  2. Reckless endangerment is classified as a Class A misdemeanor.

Penalties in Utah

Being convicted of Reckless Endangerment in Utah carries significant penalties, including:

  • A Class A Misdemeanor charge.
  • Up to 1 year in county jail.
  • Prison time is not applicable for this charge.
  • Often accompanied by informal non-reporting court probation or some form of supervised probation.
  • A fine that may reach up to $2,500 but can be paid over time.
  • A permanent criminal record unless expunged.
  • A potential combination of jail time, probation, fines, and treatment courses focused on cognitive errors.
  • DNA collection for the state’s database, which can complicate future expungement efforts.

Examples of Reckless Endangerment Convictions in Utah

Understanding how Reckless Endangerment is applied can clarify its serious nature. Here are some Utah case law examples:

  • A defendant fired shots in the direction of police and bystanders, leading to a Reckless Endangerment conviction.
  • An attorney was found guilty of carrying a concealed weapon and recklessly endangering the public.
  • In another case, a defendant was being assaulted, and as they drove away, the victim jumped through the window of the car. This action resulted in a Reckless Endangerment conviction.

Common Examples of Reckless Endangerment

Here are several situations that may be classified as Reckless Endangerment:

  • Leaving prescription drugs or alcohol in a location where children can access them unattended.
  • Failing to protect a disabled individual or children from known dangers, such as pools or firearms.
  • Leaving a child locked in a car, regardless of whether the windows are down.
  • Engaging in reckless driving with a minor or infant in the vehicle.
  • Not using proper car seats or seat belts for children.
  • Inappropriate handling of firearms or other dangerous weapons.

Expungement of a Reckless Endangerment Conviction: How Long?

In Utah, individuals convicted of a Class A misdemeanor must wait 5 years before applying for an expungement. This waiting period begins after successfully completing all terms of probation. Failure to complete the requirements means you may never expunge the conviction.

402 Sentence Reductions on Reckless Endangerment

If your conviction occurred several years ago, you might qualify for a 402 sentence reduction. This process allows you to petition the court to lower your conviction by one or two levels.

Example: Suppose you were convicted in Provo, UT, in 2018. If you successfully completed your probation by January 1, 2019, you could apply for expungement on January 2, 2023, due to the five-year waiting period. You would also be eligible to file a 402 motion for sentence reduction, which could lower your Class A misdemeanor to a Class B misdemeanor, reducing the waiting period for expungement to four years.

Plea in Abeyance and Expungements

If you entered a plea in abeyance or participated in a first-time offender program for your Reckless Endangerment charge, the expungement period is significantly shorter. You can apply for expungement 30 days after successfully completing the program and closing your case.

Seek Legal Help

If you face a charge in Utah, it’s crucial to consult with an experienced criminal defense attorney. Jake Gunter, a seasoned attorney with nearly 20 years of trial experience, can help you navigate the complexities of your case. Call or text (801) 373-6345 for a free consultation. Don’t hesitate to get the legal help you need to protect your rights and future.

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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