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NY Penal Law § 120.25: Reckless Endangerment in the First Degree
Reckless endangerment in the first degree, NY Penal Law § 120.25, is recklessly creating a grave risk of death to another person, under circumstances showing depraved indifference to human life. It is often charged after high-speed police chases, firing a gun, or extremely dangerous driving. It is a class D felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends these charges in Nassau County and Suffolk County courts.
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NY Penal Law § 120.25 at a glance
| Reckless endangerment in the first degree | |
|---|---|
| Statute | NY Penal Law § 120.25 |
| Charge level | Class D felony (non-violent) |
| Maximum prison term | Up to 7 years |
| Key elements | Depraved indifference and a grave risk of death |
| Lesser charge | Reckless endangerment in the second degree (PL 120.20), class A misdemeanor |
What NY Penal Law § 120.25 says
A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.
Reckless endangerment in the first degree is a class D felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
What the prosecutor has to prove
- You recklessly engaged in conduct.
- The conduct created a grave risk of death to another person, not just a risk of injury.
- The circumstances showed depraved indifference to human life, an utter disregard for whether others live or die. New York courts treat this as a demanding standard.
Penalties for first-degree reckless endangerment
| Outcome | What it means |
|---|---|
| Prison | Up to 7 years in state prison (class D felony). |
| Probation | It is not on the violent felony list, so probation or local jail is possible in some cases. |
| Reduced outcome | Cases are frequently reduced to reckless endangerment in the second degree or another misdemeanor, because depraved indifference is hard to prove. |
Charged with felony reckless endangerment?
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How first-degree reckless endangerment charges show up on Long Island
In the cases we’ve seen over the last two years, PL 120.25 charges come up in both Nassau County and Suffolk County.
These charges often accompany unlawful fleeing a police officer, reckless driving and weapon charges.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
A driver flees a traffic stop, runs several red lights at high speed through a residential area and nearly hits a pedestrian. The charge is PL 120.25 along with unlawful fleeing. The defense focuses on whether the conduct truly showed depraved indifference and a grave risk of death, as opposed to the misdemeanor standard of a substantial risk of serious injury.
Defenses to a PL 120.25 charge
- No depraved indifference. This is a high bar; dangerous or reckless conduct is not automatically depraved indifference.
- No grave risk of death. A risk of injury is the misdemeanor, not the felony.
- Identification. Particularly in chases and shootings.
- Evidence. Video and expert analysis of speed or ballistics can change the picture.
Related offenses
- Reckless endangerment in the second degree (PL 120.20)
- Unlawful fleeing a police officer (PL 270.25)
- Reckless driving (VTL 1212)
- Criminal possession of a weapon in the second degree (PL 265.03)
NY Penal Law § 120.25: frequently asked questions
What is reckless endangerment in the first degree in New York?
Under Penal Law 120.25, it is recklessly engaging in conduct that creates a grave risk of death to another person, under circumstances evincing depraved indifference to human life. It is a class D felony.
What is “depraved indifference”?
It describes conduct showing an utter disregard for the value of human life, beyond ordinary recklessness. New York courts treat it as a demanding standard that the prosecutor must prove.
What is the difference between first and second degree reckless endangerment?
Second degree requires a substantial risk of serious physical injury and is a misdemeanor. First degree requires a grave risk of death and depraved indifference, and is a class D felony.
Can reckless endangerment 1st degree be reduced?
Often, yes, frequently to the second-degree misdemeanor, because depraved indifference is difficult to prove.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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