When Barba says that A.J. Martin is guilty of reckless endangerment because he showed a gross disregard for his wife's safety and created a situation that could have caused serious injury to her, Martin's attorney says that they are not pleading guilty to a felony. However what Barba described is reckless endangerment in the second degree, which is a class A misdemeanor. In order for reckless endangerment in the first degree to be charged a person has to show a depraved indifference to human life and create a situation that is likely to cause the death of a person, it is a class D felony. However Martin did not put his wife's life at risk, just her safety, meaning his actions do not constitute felony reckless endangerment.