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Denver Reckless Endangerment Lawyer: Man Mistakenly Leaves Loaded Gun in Bag of Snacks

Denver Reckless Endangerment Lawyer: Man Mistakenly Leaves Loaded Gun in Bag of Snacks

Posted by Terry O'Malley | Apr 10, 2017 | 0 Comments

Sometimes, we do things haphazardly or in a hurry, not realizing what could result from our actions. That was likely the case for one stepfather, who mistakenly left his loaded gun in a bag of snacks that his stepson took with him on a trip. Apparently, the 14-year-old boy was driving down for a monthly trip, so his mother and stepfather went shopping for food and snacks. The stepfather usually carried his gun with him, but left it in his car and mistakenly put it in a bag of snacks for his stepson. In Denver and across Colorado, the stepfather could be facing charges of Reckless Endangerment, C.R.S. 18-3-208.

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Reckless Endangerment Definition in Arapahoe County: What is Reckless Endangerment?

In Arapahoe County, the definition of Reckless Endangerment is:

“A person who recklessly engages in conduct which creates a substantial risk of serious bodily injury to another person commits reckless endangerment, which is a class 3 misdemeanor.”

Because the stepfather accidentally put his loaded gun in a bag of snacks for his stepson, it would likely be considered recklessly engaging in conduct which created a substantial risk of serious bodily injury. Even if his stepson was not hurt as a result of the stepfather's conduct, the fact that the stepson could have been seriously hurt is enough to charge Reckless Endangerment.

Reckless Endangerment in Douglas and Adams County: Definitions of Recklessly and Serious Bodily Injury

To better understand the definition of Reckless Endangerment in Douglas and Adams County, it is important to also know what the definitions of “recklessly” and “serious bodily injury” are. Basically, it will be up to the jury to decide if a person's conduct was considered reckless and whether someone was at risk of getting seriously hurt based on the person's conduct.

The definition of “recklessly” includes:

“A person acts recklessly when he or she consciously disregards a substantial and unjustifiable risk that a result will occur or that a circumstance exists.”

The definition of “serious bodily injury” is:

“bodily injury which, either at the time of the actual injury or at a later time, involves a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.”

To be convicted of Reckless Endangerment, the jury must prove a person engaged in conduct that was considered reckless and which could have resulted in serious harm to another person. Here, it is questionable whether the man “consciously” disregarded the substantial risk.  It seems that he forgot where he put his gun temporarily and that forgetfulness caused the risk – not a purposeful act.

Jefferson County Reckless Endangerment Lawyer: Call the O'Malley Law Office

In all cases of Reckless Endangerment in Jefferson County, it is always wise to consult a Reckless Endangerment lawyer from the O'Malley Law Office. Our criminal lawyers will work with specialized investigators and expert witnesses to mount a solid defense and protect you from a permanent criminal record, a restraining order, possible jail time or fines. We will spend many hours analyzing your case, looking through discovery and developing a way to protect you. Call us today to schedule a free initial consultation.

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If you are facing charges or accusations of Reckless Endangerment in Colorado, be smart and exercise your right to remain silent. Then, call a Reckless Endangerment lawyer from the O'Malley Law Office today at 303-830-0880 for a free consultation. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – OpenClipart-Vectors, Pixabay – OpenClipart-Vectors

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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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