Scottsdale Endangerment Lawyer
Endangerment charges 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 a misdemeanor or felony depending on whether the risk involved potential death or physical injury. In Scottsdale, endangerment frequently accompanies DUI charges (particularly with passengers), reckless driving, and domestic violence situations.
Attorney Josh Lopez represents clients throughout Scottsdale facing endangerment allegations, from standalone charges to cases where endangerment accompanies other offenses.
→ For comprehensive Arizona endangerment information, see: Phoenix Endangerment Lawyer
Endangerment Under Arizona Law (ARS § 13-1201)
A person commits endangerment by recklessly endangering another person with a substantial risk of imminent death or physical injury.
Felony vs. Misdemeanor
| Risk Created | Classification | Maximum Penalty |
| Risk of death | Class 6 Felony | 4 months – 2 years prison |
| Risk of physical injury | Class 1 Misdemeanor | 6 months jail |
The distinction depends on what type of risk the conduct created—not whether anyone was actually hurt.
Common Endangerment Scenarios in Scottsdale
DUI with Passengers
Driving under the influence with passengers is frequently charged as endangerment in addition to DUI:
- Each passenger may constitute a separate count
- Children in the vehicle typically result in felony endangerment (risk of death)
- Often accompanies Aggravated DUI charges
→ See: Scottsdale DUI Lawyer
Reckless Driving
Excessive speeding, racing, or dangerous driving that endangers others on Scottsdale roads:
- Loop 101 through Scottsdale
- Scottsdale Road
- Routes through residential neighborhoods
→ See: Scottsdale Reckless Driving Lawyer
Child Endangerment
Conduct placing children at substantial risk:
- Leaving children unattended in vehicles
- Reckless driving with children present
- Exposing children to dangerous environments
When children are involved, prosecutors typically charge felony endangerment.
Domestic Violence Endangerment
When endangerment occurs between people with a qualifying domestic relationship, it carries a DV designation with additional consequences.
→ See: Scottsdale Domestic Violence Lawyer
Firearms
Reckless handling of firearms that creates risk to others—even on private property—can result in endangerment charges.
Defense Strategies
Conduct Was Not Reckless
Endangerment requires reckless conduct—conscious disregard of a substantial risk:
- Ordinary negligence (careless but not reckless)
- No awareness of risk
- Justifiable risk under circumstances
No Substantial Risk
The risk must be substantial:
- Speculative or theoretical risk
- Safety precautions reduced actual risk
- No meaningful danger
Risk Was Not Imminent
The danger must be immediate:
- Risk was future, not present
- Intervening factors would prevent harm
- Situation was controlled
No Risk to Another Person
- Only the defendant was at risk
- No one else in proximity
- Alleged victim not actually in danger zone
Challenging Felony Classification
Defense may argue the risk was of physical injury, not death, warranting misdemeanor classification.
Frequently Asked Questions
Is endangerment a felony in Scottsdale?
It depends on the risk created. Risk of death is a Class 6 Felony. Risk of physical injury (but not death) is a Class 1 Misdemeanor.
Can I be charged with endangerment if no one was hurt?
Yes. Endangerment is based on creating risk, not actual harm. You can be convicted even if no injury occurred.
What if I was charged with endangerment alongside DUI?
This is common when passengers were present. Defense strategies may address both charges, potentially challenging the DUI (which undermines the endangerment) or the classification of risk.
Can multiple endangerment charges be filed?
Yes. Each person endangered can be a separate count. A DUI with three passengers could result in three counts of endangerment.
Does endangerment carry a domestic violence designation?
Yes, when it occurs between people with a qualifying domestic relationship. DV endangerment triggers mandatory arrest, no-contact orders, and additional consequences upon conviction.
What is the difference between reckless driving and endangerment?
Reckless driving (ARS § 28-693) applies specifically to vehicle operation. Endangerment (ARS § 13-1201) is broader and can apply to any reckless conduct. Both may be charged for the same incident.
Contact a Scottsdale Endangerment Defense Attorney
Endangerment charges—whether felony or misdemeanor—create criminal records and can carry significant penalties, particularly when accompanying DUI charges or involving children. An experienced attorney can challenge the elements and work toward dismissal or reduced charges.
Attorney Josh Lopez defends endangerment charges throughout Scottsdale.
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.