Commonwealth v. Fattizzi
Conviction Vacated on Appeal
The Challenge
Mr. Fattizzi was convicted of both DUI and Recklessly Endangering Another Person (REAP). While the DUI charge had evidence, the REAP charge carries significantly harsher penalties and requires proof that the defendant placed another person in actual danger of death or serious bodily injury.
The Legal Strategy
We appealed the REAP conviction, arguing that the evidence presented at trial was insufficient to meet the high legal standard for "reckless endangerment." We meticulously analyzed the trial record to show that no specific individual was placed in the required level of danger.
The Outcome
The Superior Court agreed with our analysis. They vacated the REAP conviction while affirming the lesser DUI charge. The case was remanded for resentencing, saving the client from the severe consequences of the felony-grade endangerment charge.