Phoenix Endangerment Lawyer
Endangerment charges in Arizona arise when conduct creates a substantial risk of harm to another person—even if no actual injury occurs. Under ARS § 13-1201, endangerment can be charged as either a misdemeanor or a felony depending on whether the risk involved potential death or merely physical injury. Endangerment frequently accompanies other charges like DUI, assault, or reckless driving, and can carry a domestic violence designation when it occurs between household members or romantic partners.
Attorney Josh represents clients throughout Phoenix facing endangerment allegations, from standalone charges to cases where endangerment accompanies more serious offenses.
Arizona Endangerment Statute (ARS § 13-1201)
Under ARS § 13-1201, a person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
Key Elements
- Reckless conduct
The defendant must have acted recklessly—consciously disregarding a substantial and unjustifiable risk that their conduct would create danger.
- Substantial risk
The risk must be substantial, not merely theoretical or speculative.
- Imminent
The danger must be imminent—present and immediate, not future or remote.
- Another person
The risk must be to another person. You cannot be charged with endangering yourself.
Felony vs. Misdemeanor Endangerment
The classification of endangerment depends on the nature of the risk created:
Felony Endangerment (Risk of Death)
When the reckless conduct creates a substantial risk of imminent death, endangerment is a Class 6 Felony:
| Sentence (First Offense) | Range |
| Mitigated | 4 months |
| Presumptive | 1 year |
| Aggravated | 2 years |
| Probation | Eligible |
Misdemeanor Endangerment (Risk of Physical Injury)
When the reckless conduct creates a substantial risk of imminent physical injury (but not death), endangerment is a Class 1 Misdemeanor:
| Penalty | Maximum |
| Jail | 6 months |
| Fine | $2,500 |
| Probation | Up to 3 years |
How Classification Is Determined
The distinction between felony and misdemeanor endangerment often depends on:
- Nature of the conduct: Higher speeds, weapons, or inherently lethal activities suggest death risk
- Vulnerability of the victim: Children, elderly, or impaired persons may face death risk from conduct that would only injure healthy adults
- Circumstances: Environmental factors, escape routes, protective equipment
Prosecutors have discretion in charging, and defense strategy may include arguing for misdemeanor classification when felony charges are inappropriate.
Common Endangerment Scenarios in Phoenix
DUI with Passengers
Driving under the influence with passengers—particularly children—frequently results in endangerment charges in addition to DUI charges. Each passenger can constitute a separate count of endangerment.
→ See: Phoenix DUI Lawyer
Reckless Driving
Excessive speeding, street racing, or other reckless driving behavior that endangers other motorists, pedestrians, or passengers may support endangerment charges.
→ See: Phoenix Reckless Driving Lawyer
Child Endangerment
Conduct that places children at substantial risk—leaving children unattended in vehicles, driving recklessly with children in the car, or exposing children to dangerous environments—often results in endangerment charges.
When children are involved, prosecutors typically charge felony endangerment based on the heightened vulnerability of child victims.
Domestic Violence Contexts
Endangerment between household members or romantic partners carries a domestic violence designation with additional consequences including mandatory arrest, no-contact orders, and potential firearm prohibitions.
→ See: Phoenix Domestic Violence Defense Lawyer
Firearms and Weapons
Reckless handling of firearms—pointing weapons at others, firing near people, or otherwise creating substantial risk of death or injury—can support endangerment charges alongside weapons offenses.
→ See: Phoenix Unlawful Discharge of Firearm Lawyer
Workplace and Construction Sites
Safety violations at work sites that create substantial risk to workers or the public may result in criminal endangerment charges, particularly when the conduct is egregious or results in near-misses.
Endangerment with Domestic Violence Designation
When endangerment occurs between people with a qualifying domestic relationship, the charge carries a domestic violence designation under ARS § 13-3601.
Qualifying Relationships
- Married or formerly married
- Living together or formerly living together
- Parents of a common child
- Related by blood
- Currently or formerly in a romantic/sexual relationship
DV Endangerment Consequences
The DV designation triggers:
- Mandatory arrest upon probable cause
- No-contact release conditions
- Required completion of DV offender treatment
- Federal firearm prohibition upon conviction
- Third DV offense in 84 months becomes Aggravated DV (Class 5 Felony)
- Child custody implications
Common DV endangerment scenarios include:
- Reckless driving during domestic disputes
- Creating dangerous situations during arguments
- Conduct placing children in the home at risk
- Threatening gestures with weapons in domestic settings
Defense Strategies for Endangerment Charges
Conduct Was Not Reckless
Endangerment requires reckless conduct—conscious disregard of a substantial and unjustifiable risk. Defense strategies include:
- Ordinary negligence: The conduct was careless but not reckless
- No awareness of risk: You were unaware of the danger your conduct created
- Justifiable risk: The risk was justifiable under the circumstances
The distinction between negligence (which is civil, not criminal) and recklessness (which is criminal) is often central to defense.
No Substantial Risk
The prosecution must prove the risk was substantial—not merely theoretical:
- The risk was speculative, not real
- Safety precautions reduced the risk below “substantial”
- The conduct, viewed objectively, did not create meaningful danger
Risk Was Not Imminent
The danger must be imminent—present and immediate:
- The risk was future, not immediate
- Intervening factors would have prevented harm
- The situation was controlled before imminent danger arose
No Risk to Another Person
Endangerment requires risk to another person:
- The only person at risk was the defendant
- No one else was in proximity to the dangerous conduct
- The alleged victim was not actually in the zone of danger
Challenging Felony Classification
When charged with felony endangerment, defense may argue:
- The risk was of physical injury, not death
- The circumstances did not create life-threatening danger
- Misdemeanor classification is appropriate
Reducing the charge from felony to misdemeanor significantly reduces potential penalties.
Endangerment vs. Related Offenses
Assault (ARS § 13-1203)
Assault requires causing injury, placing someone in fear, or offensive touching. Endangerment involves creating risk without these specific elements. Prosecutors may charge both when conduct creates risk and results in fear or contact.
→ See: Phoenix Assault Lawyer
Reckless Driving (ARS § 28-693)
Reckless driving applies specifically to vehicle operation. Endangerment is broader and can accompany reckless driving charges or apply to non-vehicle situations.
Child Abuse (ARS § 13-3623)
When endangerment involves children, prosecutors may charge child abuse instead of or in addition to endangerment, depending on the circumstances and relationship between defendant and child.
Threatening or Intimidating (ARS § 13-1202)
Threats of harm are a separate offense. Endangerment involves creating actual risk rather than threatening future harm.
Collateral Consequences
Prior Offense Enhancement
Felony endangerment adds to your criminal history, potentially enhancing sentences for any future offenses.
Professional Licensing
Depending on the circumstances, endangerment convictions may affect professional licenses, particularly in fields involving:
- Childcare or education
- Healthcare
- Transportation (CDL holders)
- Security or law enforcement
Child Custody
Endangerment convictions—particularly those involving children or carrying DV designation—can significantly affect custody determinations.
Immigration
Endangerment may be considered a crime involving moral turpitude or an aggravated felony (in certain circumstances), with potential immigration consequences for non-citizens.
Frequently Asked Questions
Is endangerment a felony in Arizona?
It depends on the risk created. If the conduct created substantial risk of death, endangerment is a Class 6 Felony. If the risk was of physical injury (but not death), it’s a Class 1 Misdemeanor.
Can I be charged with endangerment even if no one was hurt?
Yes. Endangerment is based on creating risk, not on actual harm occurring. You can be charged and convicted even if no one suffered any injury.
What is the difference between endangerment and assault?
Assault requires causing injury, creating fear of injury, or offensive touching. Endangerment requires creating substantial risk of harm. Assault focuses on what happened to the victim; endangerment focuses on the risk created by the defendant’s conduct.
Can endangerment charges be dismissed?
Yes. If the prosecution cannot prove reckless conduct, substantial risk, or imminence, charges may be dismissed. Defense may also successfully argue for misdemeanor classification when felony charges are inappropriate.
Does endangerment always require intent?
Endangerment requires recklessness, not specific intent. Recklessness means consciously disregarding a substantial and unjustifiable risk. You don’t need to intend to harm anyone—just to be aware of and disregard the risk your conduct creates.
Can I be charged with multiple counts of endangerment?
Yes. If your conduct endangered multiple people, you can be charged with a separate count of endangerment for each person. For example, DUI with three passengers could result in three counts of endangerment.
Contact a Phoenix Endangerment Defense Attorney
Endangerment charges—whether misdemeanor or felony—create criminal records and can carry significant jail or prison time. When endangerment accompanies DUI, involves children, or carries a domestic violence designation, the consequences multiply.
Attorney Josh defends endangerment charges throughout Phoenix and Maricopa County, working to challenge the elements, reduce classifications, and protect your record.
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 or complete the contact form to schedule your free consultation.