Reckless endangerment in Maryland is charged when someone is accused of engaging in conduct that creates a substantial risk of death or serious physical injury to another person. The offense does not require that anyone was actually harmed. Instead, prosecutors focus on the alleged risk created by the conduct. Reckless endangerment charges often arise alongside assault, firearm, or traffic offenses, and the facts of the incident play a critical role in how the case is charged and defended.
What Is Reckless Endangerment Under Maryland Law?
Maryland’s reckless endangerment statute applies when a person recklessly engages in behavior that creates a substantial risk of death or serious injury. The charge is not about poor judgment alone—it requires conduct that goes beyond ordinary negligence.
Courts look at whether the alleged actions showed a conscious disregard of a substantial risk, rather than a momentary lapse or accident. Because the definition is broad, the same conduct may be charged differently depending on how police and prosecutors interpret the situation.
Common Situations That Lead to Reckless Endangerment Charges
Reckless endangerment charges in Annapolis and throughout Maryland often arise from incidents such as:
- Brandishing or discharging a firearm
- Aggressive or dangerous driving behavior
- Physical confrontations that escalate
- Handling weapons or dangerous objects improperly
- Actions that allegedly put bystanders at risk
In many cases, the charge is added when prosecutors believe assault or other charges alone do not fully capture the alleged risk involved.
Reckless Endangerment vs. Assault
Reckless endangerment and assault are closely related but legally distinct.
- Assault focuses on intentional, harmful, or offensive contact, or the threat of immediate harm.
- Reckless endangerment focuses on the risk created, even if no contact occurred and no injury resulted.
A single incident may result in both charges. However, Maryland law generally prohibits multiple convictions for reckless endangerment and assault when they are based on the same conduct. This distinction often becomes important during plea negotiations or motions to dismiss.
Penalties for Reckless Endangerment in Maryland
Reckless endangerment is classified as a misdemeanor, but the penalties can still be significant. A conviction may result in:
- Up to 5 years in jail
- Fines
- Probation and court supervision
- A permanent criminal record
Beyond court penalties, a conviction can affect employment, professional licensing, security clearances, and firearm rights. Even when incarceration is unlikely, the long-term consequences can be substantial.
How Prosecutors Prove Reckless Endangerment
To secure a conviction, the State must prove that:
- The defendant engaged in conduct that created a substantial risk of death or serious injury, and
- The conduct was reckless rather than accidental or merely negligent
Prosecutors often rely on officer testimony, witness statements, body-cam footage, and assumptions about what “could have happened.” These cases frequently turn on interpretation rather than clear physical evidence.
Common Defenses to Reckless Endangerment Charges
Defenses depend on the facts, but often include:
- Lack of Recklessness–Showing that the conduct did not rise to the level of conscious disregard required under the statute.
- Accidental or Negligent Conduct–Mistakes or accidents generally do not meet the legal standard for recklessness.
- No Substantial Risk–Arguing that the alleged behavior did not realistically create a risk of death or serious injury.
- Self-Defense or Defense of Others–Conduct taken to protect against an immediate threat may be legally justified.
- Overcharging–Reckless endangerment is sometimes added to increase leverage rather than reflect the facts of the incident.
Careful analysis of video, scene conditions, and witness credibility is often decisive.
Why Reckless Endangerment Charges Should Be Taken Seriously
Because reckless endangerment does not require actual injury, many people underestimate the charge. However, convictions can carry severe consequences and are often used to support harsher treatment in related cases.
Early legal review allows your defense to challenge whether the charge fits the facts, limit charge stacking, and seek dismissal or reduction before positions harden.
Protect Your Future After a Reckless Endangerment Charge
If you’re facing reckless endangerment charges in Annapolis or anywhere in Maryland, the details of the incident matter. Early legal guidance can prevent assumptions from becoming convictions. Contact Hartman Attorneys at Law to review the evidence, understand your options, and build a defense focused on protecting your record and your future.