Recently ,we had a comment posted on Nashville Criminal Law Report on whether a phone call was enough evidence to support a charge of reckless endangerment in Tennessee.It depends. One element of reckless endangerment is whether the conduct places a person in imminent danger.
In the example of a phone call , there can be several different factors.
- Where was the phone call made ?
- Distance from the caller to the person.
- What were the comments made on the call ?
- Was a weapon used or mentioned in the phone call ?
For the threat of bodily injury to be imminent, the person must be placed in a reasonable probability of danger as opposed to a mere possibility of danger.
To support a conviction for felony reckless endangerment , there must be proof of of the use of a deadly weapon.
I would like the thank the commenter for his question and I welcome all comments.I will try to answer the comments if possible.Remember this is not legal advice but merely commentary.If you have more questions please consult your lawyer. If you need a consultation for a case in Nashville or the Middle Tennessee area you can contact our office.