Being charged with endangerment in Arizona can be very difficult to defend against because Arizona criminal law allows the police and prosecutors to file that offense under any number of circumstances. If a defendant recklessly places another individual in a situation where there is significant possibility that they could be hurt or immediately killed, charges of endangerment can be filed. The crime can be filed as either a felony or a misdemeanor, depending on whether the risk of death was created by the defendant’s criminal conduct.
The prosecution in vehicular or DUI cases where an accident was involved but nobody was injured often files Phoenix endangerment charges. In these cases, the county attorney’s office may be precluded from filing serious charges such as aggravated assault or vehicular homicide so they use the broadly defined endangerment law because it may provide them the only possibly of obtaining the felony conviction they so dearly desire.
At Sonoran Law Group, our experienced criminal defense attorney, Ryan M. Garvey, knows from his experience as a former prosecutor and defense attorney how the prosecution will attempt to build their endangerment case against you. Oftentimes, it consists of little more than a police officer attempting to convince a trial jury that a particular accident or situation the defendant was involved in created a risk of death or injury.
In most instances, the prosecution will not have any expert witnesses or scientific evidence to establish or quantify the extent of the risk created by the defendant. Instead, they will prosecute an endangerment case by simply having the arresting officer tell the jury how their prior “training and experience” allows them to determine how seriously the defendant endangered the victim.
Of course, these police witnesses are usually unable to site anything specific in their background that provides them with their heightened insight. Seasoned attorney, Ryan M. Garvey is a veteran of hundreds of trials and has the courtroom experience to effectively cross examine and challenge the testimony of police or civilian witness that might otherwise convince the jury in your case that you are guilty of the criminal act of endangerment. Sometimes, endangerment can be charged as a “Dangerous Offense” which means that you will not be eligible for probation and must be sent to prison if convicted.