Reckless Conduct Charges: Defending Them.
What is Reckless Conduct?
Reckless conduct charges in Georgia can leave you defending vague, arbitrarily enforced laws. Under Georgia law, the reckless conduct statute reads, in part:
"A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor."
Generally, a reckless conduct charge will be the result of some action committed that endangers others. Firing a gun, leaving a young child at home alone, and driving a vehicle after consuming alcohol are all reckless conduct cases I have seen.
As you see, the statute not only requires you to commit some dangerous act, but also requires that it deviate from the standard of care a reasonable person would use. Thus, there are really two parts of the law the prosecutor must focus on and prove- first, the act complained of, and second that the act is not one a reasonable person would have done.
Reckless Conduct Defense Lawyers
Reckless conduct cases, like other misdemeanors, can sometimes be worked out without a trial or even a guilty plea. During negotiations with the prosecutor, your lawyer can fight to have the charge lowered to a lesser charge, or even dropped, with or without terms attached. A first offender plea is available for reckless conduct charges, though most people are better served by saving their First Offender rights for felony-only cases.
Both Attorneys Watson and Zeliff have defended many reckless conduct cases and similar charges. Through experience, our lawyers how to defend your case based on the facts of your case, the court and prosecutor, and your record. Call or email us today if you have been charged with reckless conduct and are looking for a lawyer to defend your case and fight to have the charges dropped. We can be reached at firstname.lastname@example.org or at the number above.