In Tennessee, there is a criminal statute that applies broadly to the protection of others and the general public at large. There are two classes of this charge being a misdemeanor and a felony. If you conduct your in a manner that “places or may place another person in imminent danger of death or serious bodily injury,” then you are in violation of T.C.A. 39-13-103. There is an endless array of conduct that could be subject to what constitutes reckless conduct. Very often there is a fine line between reckless endangerment and aggravated assault which is a much more serious felony. Reckless endangerment is a class A misdemeanor which is one class below a felony. If a “deadly weapon” is used in the conduct then it becomes a class E felony. Reckless endangerment by discharging a firearm or antique firearm into a habitation, as defined under § 39-14-401, is a Class C felony, unless the habitation was unoccupied at the time of the offense, in which event it is a Class D felony.
It is important to note that specific intent or actual harm is not required to be convicted under this statute. All that must be shown is a conscious disregard for public safety. This charge is often added to other charges such as DUI and discharge of firearms in public that was not targeting property or persons. Driving your vehicle at a high rate of speed or in an erratic and dangerous manner can be reckless endangerment.
T.C.A. 39-11-106 defines “Reckless” means that a person acts recklessly with respect to circumstances surrounding the conduct or the result of the conduct when the person is aware of, but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the accused person’s standpoint;
A felony reckless endangerment conviction remains on your record and can affect ability to attend a university or employment. This means that under current Tennessee criminal law and expungement law you may not erase or expunge an Felony Reckless Endangerment conviction from public record.
Felony Reckless Endangerment can result in some or all of the following penalties and will depend on the facts of the Felony offense:
- A sentence of 1 to 15 years in prison;
- A probationary period;
- A fine of up to $10,000;
- Court costs; and
- Points on a Tennessee driving history if committed with a motor vehicle.
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