Honolulu First and Second Degree Reckless Endangerment Lawyer | Attorneys for Freedom Law Firm

Honolulu First and Second Degree Reckless Endangerment Lawyers

 

RECKLESS ENDANGERMENT FIRST DEGREE

A person commits the offense of Reckless Endangering in the First Degree in violation of H.R.S. §707-713, a class C felony if he/she employs widely dangerous means in a manner that recklessly places another person in danger of death or serious bodily injury.

There are three material elements of the offense of Reckless Endangering in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:

  • That, on or about (date) in the [City and] County of (name of county), the Defendant employed widely dangerous means; and
  • That the Defendant did so intentionally, knowingly, or recklessly; and
  • That the Defendant did so in a manner which recklessly placed another person in danger of death or serious bodily injury.

Also, a person commits the offense of Reckless Endangering in the First Degree in violation of H.R.S. §707-713, a class C felony, if he/she intentionally fires a firearm in a manner that recklessly places another person in danger of death or serious bodily injury.

There are three material elements of the offense of Reckless Endangering in the First Degree, each of which the prosecution must prove beyond a reasonable doubt.
These three elements are:

  • That, on or about (date) in the [City and] County of (name of county), the Defendant fired a firearm; and
  • That the Defendant did so intentionally; and
  • That the Defendant did so in a manner which recklessly placed another person in danger of death or serious bodily injury.

RECKLESS ENDANGERMENT SECOND DEGREE

A person commits the offense of Reckless Endangering in the Second Degree in violation of H.R.S. §707-714, a misdemeanor if he/she engages in conduct that recklessly places another person in danger of death or serious bodily injury.

There are two material elements of the offense of Reckless Endangering in the Second Degree, each of which the prosecution must prove beyond a reasonable doubt.
These two elements are:

  • That, on or about (date) in the [City and] County of (name of county), the Defendant engaged in conduct which recklessly placed another person in danger of death or serious bodily injury; and
  • That the Defendant did so intentionally, knowingly, or recklessly.

The state of mind of the defendant must be proven either intentionally or if a firearm is not used knowingly or recklessly.

INTENTIONALLY

A person acts intentionally with respect to his conduct when it is his conscious object to engage in such conduct.
A person acts intentionally with respect to attendant circumstances when he is aware of the existence of such circumstances or believes or hopes that they exist.
A person acts intentionally with respect to a result of his conduct when it is his conscious object to cause such a result.

KNOWINGLY

A person acts knowingly with respect to his conduct when he is aware that his conduct is of that nature.
A person acts knowingly with respect to attendant circumstances when he is aware that such circumstances exist.
A person acts knowingly with respect to a result of his conduct when he is aware that it is practically certain that his conduct will cause such a result.

RECKLESSLY

A person acts recklessly with respect to his conduct when he consciously disregards a substantial and unjustifiable risk that the person’s conduct is of the specified nature.
A person acts recklessly with respect to attendant circumstances when he consciously disregards a substantial and unjustifiable risk that such circumstances exist.
A person acts recklessly with respect to a result of his conduct when he consciously disregards a substantial and unjustifiable risk that his conduct will cause such a result.
A risk is substantial and unjustifiable if, considering the nature and purpose of the person’s conduct and the circumstances known to him, the disregard of the risk involves a gross deviation from the standard of conduct that a law-abiding person would observe in the same situation.

SERIOUS BODILY INJURY

“serious bodily injury” means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

WIDELY DANGEROUS MEANS

“widely dangerous means” includes explosion, fire, flood, avalanche, the collapse of a building, poison gas, radioactive material, or any other material, substance, force, or means capable of causing potential widespread injury or damage.

The lawyers at the Attorneys for Freedom law firm have nearly three decades of experience defending people charged with reckless endangerment crimes. If you are accused of or charged with any type of endangerment crime, do not take this matter lightly. The consequences of a potential conviction for these crimes are severe, and our law firm understands the complexities and most successful strategies for our clients facing endangerment charges.

Have you been charged with endangerment in Hawaii? If so, call our office at 808-647-2423 to schedule a Strategy Session. Our experienced team of criminal defense assault lawyers has several decades of experience successfully representing people charged with these types of crimes. contact us or call our office at 808-647-2423 to schedule a Strategy Session.

Hawai’i Office Address:
1003 Bishop Street, Suite 1260 Pauahi Tower
Honolulu, Hawai’i 96813
Phone: 808-647-2423

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Terry L.
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