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.
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:
These instructions serve as the foundation for the prosecution’s burden of proof, requiring them to establish each element beyond a reasonable doubt.
According to Utah Code § 76-5-112, the statute states:
Being convicted of Reckless Endangerment in Utah carries significant penalties, including:
Understanding how Reckless Endangerment is applied can clarify its serious nature. Here are some Utah case law examples:
Here are several situations that may be classified as Reckless Endangerment:
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.
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.
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.
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.