What Is Reckless Endangerment in Washington?
Understanding RCW 9A.36.050, Common Scenarios, and Defenses

In Washington State, the crime of reckless endangerment is broader than many people realize. It does not require physical harm or even intent to injure. Rather, prosecutors may charge a person when their conduct places others at risk of serious injury or death—even if no actual harm occurs.

This article explains the legal definition of reckless endangerment under Washington law, highlights common situations that give rise to this charge, and outlines several potential defenses available to those accused.

Statutory Definition: RCW 9A.36.050

Under RCW 9A.36.050, a person commits the offense of reckless endangerment when:

“He or she recklessly engages in conduct not amounting to drive-by shooting but that creates a substantial risk of death or serious physical injury to another person.”

This offense is classified as a gross misdemeanor, which carries a potential sentence of:

  • Up to 364 days in jail, and/or
  • A fine of up to $5,000

The State does not need to prove that any actual harm occurred. Instead, the focus is on whether the defendant’s actions created a substantial risk of serious harm.

What Constitutes “Recklessness”?

Washington law defines “reckless” conduct as acting with knowledge of a substantial risk and disregarding that risk. This is a higher mental state than mere negligence or carelessness. Recklessness involves a conscious disregard of known dangers.

For example, a driver who speeds through a residential neighborhood while weaving through traffic may not intend to hurt anyone—but if they are aware of the potential for serious harm and ignore it, their conduct may qualify as reckless under the statute.

Common Fact Patterns That Lead to Charges

Reckless endangerment is a charge frequently used in a range of scenarios, particularly when prosecutors cannot establish intent to harm but still believe the defendant engaged in dangerous behavior. Examples include:

  • Firing a weapon into the air or near others
  • Driving at extremely high speeds, especially with passengers or near pedestrians
  • Leaving children unattended in vehicles, particularly during extreme weather
  • Improperly storing firearms in homes with children present
  • Throwing objects from moving vehicles onto roadways
  • Engaging in violent behavior in close proximity to others, even if no one is struck

In many cases, law enforcement or prosecutors file this charge to reflect the risk posed by an individual’s behavior, regardless of whether any injuries occurred.

Because the charge centers on “substantial risk” and a “reckless” mental state, many cases hinge on the specific facts and whether the State can meet its burden of proof. Potential defenses include:

Lack of Reckless Conduct

If the accused person did not act with awareness of the risk, or their behavior was merely negligent rather than reckless, the charge may not be sustainable under the statute.

No Substantial Risk

The law requires a substantial risk of serious injury or death. If the situation did not objectively create such a risk, the defense can challenge the factual basis of the charge.

False Allegations or Misidentification

In cases where the prosecution relies on witness statements or circumstantial evidence (e.g., road rage, public complaints), there may be grounds to argue mistaken identity or fabrication.

Constitutional Violations

If evidence supporting the charge was obtained through an illegal search or seizure, a motion to suppress may be appropriate.

Why This Charge Matters

Although reckless endangerment is not a felony, it is still a criminal offense that can have serious long-term consequences. A conviction may result in jail time, a permanent record, loss of firearm rights, immigration consequences for non-citizens, and difficulty passing background checks for housing or employment.

In some cases, prosecutors may offer a plea reduction or diversion program—but only if the defendant has skilled representation to negotiate or contest the charge early in the process.

Speak with a Washington Criminal Defense Attorney

If you are facing a reckless endangerment charge in Clark County or anywhere in Southwest Washington, it is critical to speak with an experienced defense lawyer as soon as possible. Early intervention can mean the difference between a conviction and a dismissal.

At the Law Office of Erin Bradley McAleer, we have successfully defended clients against misdemeanor and felony charges throughout Vancouver, Battle Ground, Camas, and surrounding communities. We offer straightforward advice, trial-tested advocacy, and a deep knowledge of Washington’s criminal laws.

Call our office today at (360)334-6277 to schedule a free consultation and begin protecting your rights.