Georgia Criminal Defense Blog

Father Arrested After Toddler Fires Handgun and Shoots Sister

Posted by Richard Lawson | Dec 30, 2018 | 0 Comments

The father of a 2-year-old boy and a 6-year-old girl was arrested after his son shot his sister in the hand in their home in NW Atlanta. The father has been arrested on the charges of reckless conduct and possession of a handgun as a convicted felon.

As a Georgia Criminal Defense Lawyer, I will jump into the law behind what constitutes reckless conduct in Georgia in today's post.

Reckless Conduct in Georgia

The Georgia Code defines reckless conduct as:

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. O.C.G.A. §16-5-40.

As you can see from the statute - reckless conduct can cover a vast array of behavior. Anything from using drugs in a public place to leaving weapons where children can access them.

Another important thing to note is that the law does not require any criminal intent regarding reckless conduct. Therefore, what will be analyzed is whether or no the accused person should have known that their behavior and conduct was reckless and dangerous.

Practice Note

As stated by law, reckless conduct is a misdemeanor, which means if you are convicted of reckless conduct you could face up to 12 months in jail and up to $1,000 in fines.

If you or a loved one has been arrested for committing a crime in Georgia, contact our offices today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:

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