Wanton Endangerment
Defending Against Wanton Endangerment Charges in Monongalia County, WV
Frank Walker Law – Experienced Criminal Defense Attorney
Being charged with wanton endangerment in Monongalia County, West Virginia, is a serious offense that can have long-lasting consequences. Wanton endangerment involves recklessly engaging in conduct that creates a substantial risk of death or serious bodily injury to another person. While it is not as severe as other violent offenses, it is still a felony in West Virginia and can lead to substantial penalties if convicted.
If you have been charged with wanton endangerment, it’s crucial to seek experienced legal counsel immediately. At Frank Walker Law, we understand the intricacies of West Virginia criminal law and will work tirelessly to defend your rights and minimize the consequences of these serious charges.
What Is Wanton Endangerment Under West Virginia Law?
Under West Virginia Code § 61-2-9, wanton endangerment occurs when a person recklessly engages in conduct that creates a substantial risk of death or serious bodily injury to another person. The key elements include:
Reckless Conduct: The defendant acted with reckless disregard for the safety of others.
Substantial Risk: The defendant’s actions created a significant and unjustifiable risk of harm.
Serious Bodily Injury or Death: The conduct involved could potentially result in significant injury or even death.
While it is similar to other criminal charges like assault, the focus of wanton endangerment is on the recklessness of the conduct, rather than the intent to harm.
Penalties for Wanton Endangerment in Monongalia County, WV
Wanton endangerment is typically classified as a felony under West Virginia law. A conviction can carry significant penalties, including:
Imprisonment for 1 to 5 years.
Fines up to $10,000.
A permanent criminal record that can affect employment, housing, and other aspects of life.
In some cases, you may also face probation, parole, or community service.
Given the severe penalties associated with a conviction, it’s essential to mount a strong legal defense to protect your future.
Common Defenses to Wanton Endangerment Charges in Monongalia County, WV
Defending against wanton endangerment charges requires a strategic approach that focuses on challenging the prosecution’s evidence and presenting a credible defense. At Frank Walker Law, we use various defense strategies based on the facts of the case. Here are common defenses we employ:
1. Lack of Recklessness
One of the most effective defenses to a wanton endangerment charge is to argue that the defendant’s actions were not reckless. Recklessness implies a conscious disregard for the safety of others, so if we can demonstrate that your conduct was not reckless or that there was no substantial risk of harm, we can challenge the charge.
For example, if your actions were taken in a moment of stress, fear, or emergency, we may argue that they were reasonable under the circumstances and that you did not act with reckless disregard for others.
2. No Risk of Serious Harm
Wanton endangerment requires that the defendant’s actions created a substantial risk of serious bodily injury or death. If we can prove that your conduct did not pose a real risk of harm to others, we may be able to have the charge reduced or dismissed.
For example, if the alleged dangerous action occurred in an area where no one was in harm’s way, or if no one was actually injured, we may argue that the risk was too minimal to meet the legal standard of wanton endangerment.
3. Self-Defense or Defense of Others
If you acted in self-defense or defense of others, we can argue that your conduct was justified and not reckless. West Virginia law allows individuals to use reasonable force to protect themselves or others from harm, and if you believed that your actions were necessary to prevent imminent injury or death, we may present a self-defense argument.
For example, if you discharged a weapon in a situation where you felt threatened, we may argue that you were acting to protect yourself or others from immediate harm, rather than engaging in reckless conduct.
4. Mistaken Identity or False Allegations
Sometimes, individuals are wrongly accused of wanton endangerment, or the wrong person is identified as the perpetrator. If we can show that you were not involved in the incident or that the victim’s identification of you is unreliable, we may be able to get the charges dropped or reduced.
We may also gather evidence such as witness testimony, video footage, or alibi evidence to show that you were not the person responsible for the conduct.
5. No Intent to Harm
Although wanton endangerment is about recklessness rather than intent, we may still argue that the defendant did not act with the necessary state of mind to meet the legal definition of the offense. If we can show that your actions were not driven by disregard for others' safety, we may be able to reduce the charge or have it dismissed entirely.
Why Choose Frank Walker Law?
At Frank Walker Law, we are dedicated to providing high-quality criminal defense for those charged with wanton endangerment in Monongalia County, WV. With years of experience in defending clients against a wide range of criminal charges, we understand the nuances of West Virginia law and the most effective defense strategies to fight these charges.
Our approach is always thorough and personalized. We take the time to understand the facts of your case, investigate the evidence, and build a defense strategy that is tailored to your specific situation. Whether we are negotiating a plea deal, seeking a reduction in charges, or taking your case to trial, we are committed to achieving the best possible outcome for you.
Contact Frank Walker Law Today
If you are facing wanton endangerment charges in Monongalia County, WV, don’t wait to secure the defense you need. A conviction for this offense can lead to severe penalties and affect many aspects of your life, but with the right legal representation, you can fight the charges and protect your future.
Contact Frank Walker Law today for a confidential consultation. We will evaluate your case, explain your legal options, and start building a defense that gives you the best chance of success.
Call or complete our online contact form to get started.
Frank Walker Law – Protecting Your Rights, Defending Your Future.