Understanding The Complex Colorado Crime of Reckless Endangerment C.R.S. 18-3-208by H. Michael Steinberg – A Denver, Colorado Reckless Endangerment Attorney, C.R.S. 18-3-208
A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person commits Colorado Reckless Endangerment, which is a class-3 misdemeanor in our state. C.R.S. 18-3-208.
The definition of “recklessly” is: “A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.”
Every Crime is broken down into it’s elements – to prove this crime beyond a reasonable doubt – the District Attorney mut prove that:
1. The Defendant
2. Recklessly
3, Engaged in Conduct which created a Substantial Risk of Serious Bodily Injury
4. To Another Person
The focus on most defenses to this crime is defeating the mental state behind the act itself – that mental state is “Recklessly.” Sometimes that requires the testimony of an expert on the standard of care to be applied in a given example of someone’s conduct.
For example when it comes to the crime of manslaughter in Colorado:
Recklessness involves a higher level of culpability than criminal negligence, but requires less culpability than intentional actions. The State establishes a cause of action for reckless manslaughter when it proves the defendant caused the victim’s death and the defendant
Consciously disregarded a substantial and Unjustified risk that he would Cause the death of another.
The court may infer that the defendant was subjectively aware of the risk, However, the Court must weigh the nature and purpose of defendant’s conduct against the risk created by that conduct in evaluating whether a risk is unjustifiable. A substantial and unjustified risk is a gross deviation from the standard of care.
Risk of death to another in a general sense is sufficient; defendant need not risk death of a specific individual.
Irrelevant.
“Understanding The Complex Colorado Crime of Reckless Endangerment C.R.S. 18-3-208”
Another irrelevant and useless statement. You still don’t understand the concept behind the logical fallacies you keep spouting in an attempt to make yourself look smart (when you clearly are not)...again what you’ve done here is called…wait for it…”Ignoratio elenchi”. For the last time…look it up and stop being an idiot.
I guess it was too much to ask you to actually read the article in question. The article wasn’t talking about a misdemeanor (as you uselessly posted)…it was talking about the guy facing 12 FELONY charges of brandishing a firearm, each of which can carry up to five years in jail for each offense.
You really need to get your head examined. Sheesh.