C.G.S. § 53a-63 — Reckless Endangerment in the First Degree

Definition

A person commits Reckless Endangerment in the First Degree when, with extreme indifference to human life, they recklessly engage in conduct that creates a risk of serious physical injury to another person. No actual injury is required — the focus is on the level of danger created and the reckless, high-risk mindset.

Elements the State Must Prove

1. The defendant acted recklessly (consciously disregarded a substantial and unjustifiable risk);
2. The conduct showed extreme indifference to human life; and
3. The conduct created a risk of serious physical injury (risk of death, disfigurement, or long-term loss/impairment of health or bodily function).

Penalties

• Class A misdemeanor
• Up to 1 year in jail
• Fine up to $2,000
• Probation possible (often with conditions like counseling, community service, or firearm restrictions)
• Family-violence track & protective orders may apply if the incident involves a household/family member

Common Scenarios

• Handling or brandishing a firearm in a crowded or confined space.
• High-risk driving or stunts around pedestrians or passengers.
• Leaving a loaded firearm accessible to a child or intoxicated person.
• Setting off powerful fireworks or explosives near occupied buildings.

Examples

• Loaded handgun on the coffee table during a party: After drinking, a host leaves a chambered handgun on a low table while guests — including children — mill around. No one is hurt, but the combination of a loaded weapon, alcohol, and ready access can be viewed as extreme indifference creating a risk of serious physical injury.
• Street “donuts” around bystanders: A driver spins the car in tight circles in a crowded parking lot, with friends filming only feet away. Even without a crash, the maneuver creates a serious-injury risk to nearby people and can satisfy the statute.
• Fireworks lit under a wooden porch: To “prank” a neighbor, someone ignites a high-output firework beneath an occupied porch. The proximity to occupants and combustible materials poses a substantial, unjustifiable risk of severe burns or structural fire.
• Mechanical failure, not recklessness: A driver’s steering locks due to a sudden mechanical defect, causing the car to veer near pedestrians. Evidence shows no prior warning signs and that the driver had maintained the vehicle. Without a conscious disregard of a known risk, the recklessness/extreme indifference elements are not met.

Related Offenses

• § 53a-64 — Reckless Endangerment in the Second Degree (risk of physical injury; Class B misdemeanor)
• § 53a-61 — Assault in the Third Degree (if injury actually occurs)
• § 53-21 — Risk of Injury to a Minor (when children are endangered)
• § 53a-181 — Breach of Peace in the Second Degree
• § 53a-182 — Disorderly Conduct
• Motor vehicle offenses (e.g., reckless driving) that may be charged alongside, depending on facts

Defense & Resolution Strategies

• Mens rea (state of mind): Show there was no conscious disregard of a known, substantial risk; highlight safety steps taken, lack of alcohol/drugs, and contextual factors.
• “Extreme indifference” challenge: Argue the conduct, while careless, did not rise to the high threshold of extreme indifference to human life.
• Risk level: Demonstrate the situation did not create a risk of serious physical injury (distance, barriers, unloaded firearm, safety devices, expert reconstruction).
• Causation & identification: Use video, witness inconsistencies, and forensics to challenge the narrative.
• Suppression & procedure: Contest unlawful stops, searches, or statements; preserve and demand bodycam/dashcam footage.

Negotiation pathways

• Seek reduction to § 53a-64 (Second Degree) or to non-endangerment misdemeanors (Breach of Peace, Disorderly Conduct) when facts support lower risk.
• Advocate for tailored protective orders that avoid unnecessary hardship while ensuring compliance.

Diversionary options

• Accelerated Rehabilitation (AR): Frequently available for Class A misdemeanors for eligible first-time offenders; completion can result in dismissal and record erasure.
• Family Violence Education Program (FVEP): If on the family-violence docket and facts permit, FVEP may resolve the case without a conviction upon successful completion.

FAQsCall to Action

A § 53a-63 arrest is serious because prosecutors argue your conduct showed extreme indifference and a serious-injury risk. We move fast to preserve video, secure witness statements, test the risk level with experts, and pursue AR, FVEP, or charge reductions where possible.

Call (203) 357-5555 or fill out my contact form for a free, confidential consultation. We defend clients across Connecticut and fight to protect your record, your rights, and your future.

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