New Reckless Endangerment Law Goes Into Effect

Nashville's WLPN radio has been reporting on some of the new criminal laws that went into effect at the start of the New Year . Tennessee has created a new class of reckless endangerment charges. Senator Mark Norris spearheaded the new law based upon the drive by shootings that occur in Memphis, Tn. The new law makes it a Class D felony when a firearm is discharged into an unoccupied home and it is a Class C felony if the home is occupied. The price tag for the new law is just $59,000.00 per case. This is just one more example of passing laws for political capital.

A Nashville assistant district  attorney commented in the story that he did not think it would make a difference in gang related drive by shootings. Tennessee does not need to put a new criminal law on the books. Just use the ones we have. If someone shoots into a occupied house , it is called attempted first or second degree murder. It appears Tennessee tries to solve every problem by creating a new criminal law . Tennessee is fast becoming overcriminalized .The Wall Street Journal reports that there are over 4500 federal criminal laws and over 300,000 regulations that carry criminal penalties. The article further reports that the law is eroding the criminal intent element that is required in most crimes . What new criminal laws are on the horizon in Tennessee ?

What is a Reckless Endangerment Charge Under Tennessee Law

 Tennessee Driving Under The Influence (DUI)  cases does not have a lesser included offense or lesser charge under Tennessee criminal law.Technically , one is either found guilty or innocent at trial. However , some jurisdictions may offer plea bargains to other offenses rather than a DUI.  DUI cases in Murfreesboro , Tn. , La Vergne , Tn. , Smyrna , Tn. , Rutherford County and Cannon County are handled by the District Attorney's office for the 16th  Judicial District Those assistant district attorneys  sometimes offer a plea bargain of DUI cases to reckless endangerment.

What is reckless endangerment ? Here's the legal definition ;

39-13-103. Reckless endangerment. —

 
 
 

     
 
 

(a)  A person commits an offense who recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury.

 
 
 
     
 
 

(b)  Reckless endangerment is a Class A misdemeanor; however, reckless endangerment committed with a deadly weapon is a Class E felony.

So , what does it mean ?

A plea  to a misdemeanor  reckless endangerment carries a punishment up to 11 months and 29 days in jail and a fine up to $2500.00. The big issue is that it puts 8 points on your drivers license.

So is a plea to reckless endangerment in your best interest ? It depends on the facts of the case. Make sure you get a complete case review of your Tennessee DUI case.