Not every criminal charge in Colorado comes from obviously criminal conduct. One of our clients was charged with reckless endangerment after a day spent legally target shooting with friends — a lawful activity that, in this instance, drew the attention of law enforcement and resulted in a criminal charge.
The Charge
Reckless endangerment under C.R.S. § 18-3-208 applies when a person recklessly engages in conduct that creates a substantial risk of serious bodily injury to someone else. It’s a misdemeanor, but it still leaves a permanent criminal record if it results in a conviction — and it can show up in firearms cases even when the underlying activity itself was completely legal.
What Happened
Our client was legally shooting with friends when the incident that led to this charge occurred. From day one, we took the position that the prosecution could not prove the elements of the charge — specifically, that his conduct created the kind of substantial risk the statute requires. We held that position through months of the case moving through the system and declined to negotiate it away with a plea. Eventually, the district attorney’s office dismissed the case, citing a lack of proof — the exact argument we had been making from the start.
Why This Matters
Lawful gun owners in Colorado can still end up charged with a crime over an activity that was legal when it happened, especially when someone else involved in the situation gives law enforcement an incomplete or inaccurate account. Being charged is not the same as having a case the prosecution can actually prove. This result came from refusing to treat a weak charge as if it were a strong one, and making the district attorney’s office confront the gap in its evidence rather than hoping it would go away on its own.
Charged After a Legal Shooting or Firearms Incident?
If you’re a law-abiding gun owner facing a charge like reckless endangerment, you need a defense attorney who will hold the prosecution to its burden of proof. Call Mile High Legal today.
