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Is Reckless Endangerment a Felony in Washington State?

Understanding the reason

Question: Is Reckless Endangerment a Felony in Washington State?

Direct answer: No. In Washington, reckless endangerment is a gross misdemeanor, not a felony. RCW 9A.36.050 defines the offense, and RCW 9A.20.021 sets the maximum gross-misdemeanor penalties at up to 364 days in jail and up to a $5,000 fine. If the case involves aggravating factors (e.g., a DV tag, weapon, or child), additional court conditions can apply.

Key Statistic with Citation:

Washington law caps gross-misdemeanor sentences at 364 days and $5,000.

Expert quote with source:

“Clients often think ‘not a felony’ means ‘not serious.’ A reckless-endangerment conviction can still damage careers, licensing, and firearm rights, and it may complicate related DUI or family matters.
Getting counsel involved immediately helps preserve defenses and can change the outcome.” — Linda M. Callahan, J.D. | Author, Washington DUI Practice Manual (Thomson Reuters) | Factory-trained by NPAS | Notre Dame Law School
Attorney Bio

Supporting Detail with Citation:

RCW 9A.36.050 makes it a crime to recklessly create a substantial risk of death or serious physical injury; subsection (2) confirms it’s a gross misdemeanor. Penalties for gross misdemeanors are set in RCW 9A.20.021. Knowing this classification matters for plea strategy, licensing, and collateral consequences.

FAQs

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Can a DUI be reduced to reckless endangerment?
Sometimes—case-by-case. Start at /dui.
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Will this affect my license? It can, especially with vehicle-related facts—see /license-suspension.
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Related Offenses: "Physical control" violations, boating under the influence, and deferred prosecutions all contribute to your total count.
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Can this be cleared later?
Some records may be vacated—see /dui/dui-penalties/dui-expungement.
Time is critical: If you’ve been cited or arrested, protect your record now.
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Key Takeaways

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RCW 9A.36.050 defines reckless endangerment and classifies it as a gross misdemeanor, not a felony.
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Gross misdemeanors carry up to 364 days in jail and $5,000 fine in Washington under RCW 9A.20.021.
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A domestic violence tag can trigger firearm restrictions and no-contact orders.
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Early legal help preserves evidence and can influence charging and negotiation.
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Post-case relief may be available. Review options on DUI expungement and contact us through Contact Us.

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What Is Reckless Endangerment under RCW 9A.36.050?

Goal: Give a clear definition in simple terms. Link to related pages without duplicating them.

Plain-language explanation

Reckless driving in Washington means driving with a willful or wanton disregard for safety. That is more than a mistake. It means you knew your driving put people or property at risk and did it anyway.

Statutory definition.
Washington criminalizes conduct that recklessly creates a substantial risk of death or serious physical injury to another person. See RCW 9A.36.050. The focus is on the risk you created, not whether someone was actually hurt.

Quick examples

Plain English.
Unsafe firearm handling around others. Leaving a child in a dangerous situation. Extreme, aggressive driving with passengers. If you are under investigation, speak with us before you talk to the police. See Areas We Serve or request help now on Contact Us.

Examples to set context.
Unsafe firearm handling around others. Leaving a child in a dangerous situation. Extreme, aggressive driving with passengers. If you are under investigation, speak with us before you talk to the police. See Areas We Serve or request help now on Contact Us.

How Reckless Endangerment Is Classified in Washington

Reckless endangerment is a gross misdemeanor. It is not a felony. RCW 9A.36.050 sets the offense. RCW 9A.20.021 caps the sentence at up to 364 days in jail and up to a $5,000 fine.

Some cases include aggravating facts such as a child victim or a domestic violence designation. These do not convert the charge to a felony, but they can add strict court conditions like no-contact orders and firearm restrictions. For felony comparisons and background, see our overview of Felony DUI penalties and the broader DUI penalties.

Common Examples of Reckless Endangerment Cases

License Suspension (Administrative Penalties)

Charging decisions often turn on risk to others. Common scenarios include:

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Handling or storing a firearm in a way that places others at serious risk.
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Leaving a young child unattended in a dangerous environment.
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Driving aggressively with passengers while weaving through traffic.
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Mixing alcohol or drugs with conduct that endangers others.

Every situation is unique. The state must prove reckless conduct and a substantial risk. Witness credibility, video, 911 audio, and scene reconstruction all matter. If your case involves driving or controlled substances, review our guidance on Driving Offenses and Drug DUI. Then speak with our team on Contact Us.

Reckless Endangerment with a Vehicle or DUI Reduction

Some DUI cases resolve as reckless endangerment when the evidence is weak or the risk facts are disputed. Reductions are case-specific. Prosecutors consider BAC, driving pattern, presence of passengers, any injury, and your record. Start on our DUI hub for the process and see how evidence is challenged on DUI Evidence.

License and insurance

Vehicle-related facts can trigger Department of Licensing actions that run on a separate track from court. Strict deadlines apply. Learn about hearings and paperwork on License Suspension and the DOL Hearing Request.

If you are hoping to avoid a DUI on your record, contact us early. Our team evaluates blood or breath testing, field tests, and dash or body cam footage. We explain realistic outcomes and next steps.
Reach us anytime at (206) 866-3679 or use Contact Us.

Reckless Endangerment vs Reckless Driving

These charges sound similar, but they are different.

Understanding the reason
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Reckless endangerment punishes conduct that creates a substantial risk of death or serious physical injury to any person. It does not require a moving violation.
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Reckless driving focuses on driving in willful or wanton disregard for the safety of persons or property. It has specific license consequences.
A careful comparison can influence plea negotiations and license planning. For driving-specific penalties and DOL impacts, visit Reckless Driving and our License Suspension resources. If your goal is to protect employment and insurance rates, speak with us about tailored strategies.

Legal Defenses and Process Timeline

If you hold a CDL, protect it early. A reckless driving conviction can affect your commercial driving status and your job. Even if the incident happened in your personal vehicle, your employer may still see the record.

Common Defenses

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No reckless mental state. The evidence may show carelessness rather than conscious disregard.
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No substantial risk. The situation might not meet the legal threshold for serious physical injury risk.
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Credibility and procedure. Inconsistent witness accounts, gaps in video, or constitutional violations can matter.

Process Overview

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Investigation and charging. Police collect reports and refer the case for filing. Avoid statements without counsel.
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Arraignment. First court date. The judge addresses release conditions.
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Discovery and motions. We demand evidence, file motions, and set deadlines.
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Negotiation. We present defenses and mitigation. Some cases resolve by reduction or dismissal.
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Trial or resolution. If trial is necessary, we are ready.
Meet our lead attorney at Linda M. Callahan’s profile and review results from real clients on Testimonials. To start a defense plan, use Contact Us or call (206) 866-3679.

Why Choose Callahan Law

Clients choose us for our deep Washington criminal and DUI experience. Linda M. Callahan is the author of the Washington DUI Practice Manual published by Thomson Reuters. She is factory-trained by NPAS on breath testing and graduated from the University of Notre Dame Law School. These credentials help when reckless endangerment is connected to driving or alcohol.

Team Callahan Law

We maintain offices in Seattle, Olympia, and Shelton for convenient meetings. Read more on Meet Our Attorneys and hear from clients on Testimonials. If cost is a concern, ask about options on Flat Fees.

See what clients say on our testimonials page. Learn more about our team on Linda’s profile and our attorneys page. Ready to move forward. Start on our contact page or call (206) 866-3679.

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From my first phone call with Chris, I felt calmer. He took the time to listen, explained the process clearly, and connected me with Linda. The outcome was better than I ever expected.

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Toni and the intake team treated me with such kindness. They never judged me and made sure all my questions were answered. I can’t thank them enough.

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Olympia
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Callahan Law is the real deal. My case was dismissed after Linda challenged the breath test results. She’s smart, strategic, and incredibly thorough.

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Thurston County
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Frequently Asked Questions

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What are the penalties for reckless endangerment in Washington?

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Direct answer. It is a gross misdemeanor with a maximum of 364 days in jail and $5,000 in fines under RCW 9A.20.021. Courts often add probation, community service, treatment, or classes based on the facts. A domestic violence designation can add a no-contact order and firearm restrictions. Vehicle-related cases can trigger licensing issues. Learn how the Department of Licensing works on License Suspension and request help on Contact Us. If you have a court date soon, call (206) 866-3679 for immediate guidance.

Is reckless endangerment a domestic violence charge in Washington?

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It can be if the alleged victim is a family or household member. A DV tag does not change the offense level, but it can add strict conditions such as a no-contact order, firearm surrender, and counseling. Judges take compliance seriously. Violations can lead to jail. If you were served with an order, do not make contact. Ask a lawyer how to address communications and property exchanges. For fast help, reach us on Contact Us.

Can a DUI be reduced to reckless endangerment in Washington?

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Sometimes. Reductions depend on the strength of the evidence, the presence of passengers, any injury, and your prior record. Borderline BAC results, testing problems, or credibility issues can move negotiations. We review video, field tests, maintenance records, and lab work. Start with our DUI hub and see how evidence is challenged on DUI Evidence. For a case-specific plan, schedule a call through Contact Us.

Will a reckless endangerment charge affect my driver’s license?

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It can if your case involves a vehicle or an alcohol investigation. The criminal court and the Department of Licensing are separate. You may face administrative deadlines that arrive before your first court date. Missing a deadline can cause a suspension. Learn the process on License Suspension and the DOL Hearing Request. If you received DOL paperwork, call (206) 866-3679 today.

What defenses are used in reckless endangerment cases?

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Defenses focus on the mental state and the level of risk. We argue the conduct was negligent at most, not reckless. We challenge whether a substantial risk of serious physical injury actually existed. We test witness credibility, chain of custody, and constitutional procedures. The right investigation can change a case. Connect with us on Contact Us or read about our attorney on Linda M. Callahan’s profile.

How long does a reckless endangerment case take in Washington?

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Cases can resolve in a few weeks or several months. Timing depends on discovery production, motion practice, witness availability, and negotiation. Rushing can hurt leverage. We set a plan, preserve evidence, and keep you informed at each step. If you want predictable fees, ask about options on Flat Fees. For immediate scheduling, use Contact Us.

Can a reckless endangerment conviction be vacated or expunged?

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Many gross misdemeanor convictions can be vacated if eligibility rules are met. You must complete all conditions, avoid new cases, and wait for the required period. Certain disqualifiers apply. Results depend on your history and the final judgment. Read more on DUI expungement, then ask us to review your record and timeline.

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Court dates and DOL deadlines move fast. Evidence can disappear, and conditions can tighten.
Do not risk a permanent mark on your record. Contact Callahan Law P.S., Inc. for a free consultation with a proven Washington defense team.

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We represent clients arrested throughout King, Pierce, Snohomish, Thurston, Kitsap, and Mason Counties. Our attorney is the author of the Washington DUI Practice Manual. Ask how that experience can help in your case.